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TURNER v. CENTRAL NATIONAL BANK OF MATTOON, ILLINOIS

Nos. 71-1383, 71-1384.

468 F.2d 590 (1972)

William L. TURNER, Trustee in Bankruptcy, of Jerry Wayne Hopper, Bankrupt, Plaintiff-Appellant, v. CENTRAL NATIONAL BANK OF MATTOON, ILLINOIS, Defendant-Appellee, and Third-Party Plaintiff-Appellant, v. Carroll OVERTON et al., Third-Party Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 25, 1972.

Rehearing Denied November 16, 1972.

Attorney(s) appearing for the Case

Jack E. Horsley, John H. Armstrong, and Richard F. Record, Jr., of Craig & Craig, Mattoon, Ill., for Central Natl. Bank of Mattoon, Ill.

Thomas J. Logue, Glenn & Logue, Mattoon, Ill., for Turner, Trustee.

Harlan Heller and James A. Bennett, of Ryan & Heller, Mattoon, Ill., for Carroll Overton et al.

Before SWYGERT, Chief Judge, SPRECHER, Circuit Judge, and CAMPBELL, Senior District Judge.

PER CURIAM.

William L. Turner, Trustee in Bankruptcy of Jerry Wayne Hopper, commenced this action against the defendant, Central National Bank of Mattoon, to recover $39,000.00 paid by the Overton Grain Company to the bank within four months of the filing of the bankrupt's voluntary petition in bankruptcy. The theory advanced by the Trustee to justify setting aside the transfer is that the payment constituted a preference within the meaning of the Bankruptcy Act....

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