PALMER v. JUSTICE

No. 71-2178.

451 F.2d 371 (1971)

Philip I. PALMER, Jr., as Trustee in Bankruptcy of Maxwell Electronics Corporation, d/b/a KMEC-TV, Bankrupt, Plaintiff-Appellant, v. James A. JUSTICE et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 27, 1971.


Attorney(s) appearing for the Case

A. L. Vickers, Dallas, Tex., for plaintiff-appellant.

Franklin E. Spafford, Samuel J. Ferro, Jr., Dallas, Tex., for James A. and Glenn W. Justice.

Robert E. Wilson, Robin P. Hartmann, Dallas, Tex., for Robert Bruce Lane.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.


PER CURIAM:

This appeal by a trustee in bankruptcy centers entirely on the denial of a claim brought under § 70(e) of the National Bankruptcy Act. 11 U.S.C.A. § 110(e). The claim was to avoid payments made to appellees by Maxwell Electronics, the bankrupt, for corporate stock in Maxwell.

The purchase was made by Maxwell and the stock transferred in 1963 when Maxwell had adequate surplus to warrant the purchase. Payment was made by promissory notes...

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