IN RE McCLAIN

No. 724-70.

447 F.2d 241 (1971)

In the Matter of Charley Paul McCLAIN, Bankrupt. Fred W. WOODSON, Trustee, Appellant, v. UTICA SQUARE NATIONAL BANK OF TULSA, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 4, 1971.


Attorney(s) appearing for the Case

Warren L. McConnico, Tulsa, Okl., for appellant.

William C. Anderson, Tulsa, Okl. (Doerner, Stuart, Saunders, Daniel & Langenkamp, Tulsa, Okl., on the brief), for appellee.

Before BREITENSTEIN, McWILLIAMS and BARRETT, Circuit Judges.


BREITENSTEIN, Circuit Judge.

In this voluntary bankruptcy proceeding the question is whether the appellee Utica Square National Bank of Tulsa is a secured or an unsecured creditor. Over the objections of the trustee, the referee held that the bank was a secured creditor and the district court affirmed.

The bankrupt purchased a Chevrolet pickup truck from an automobile dealer in February, 1969, and executed a promissory note and a separate security agreement...

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