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IN RE PENCO CORPORATION

No. 72-1166.

465 F.2d 693 (1972)

In the Matter of PENCO CORPORATION, Bankrupt. Russell A. COLLINS, Trustee in Bankruptcy, Appellant, v. CARMEN COSMETICS, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 6, 1972.

Attorney(s) appearing for the Case

A. Jeffery Bivins, Newport News, Va., for appellant.

The appellee's attorney did not file a brief and did not appear for argument.

Before BOREMAN, Senior Circuit Judge, and WINTER and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

The Trustee in Bankruptcy for Penco Corporation petitioned the Referee of the Eastern District of Virginia for a turnover order against Carmen Cosmetics, Inc. The Trustee's petition reads in pertinent part as follows:

The Carmen Cosmetics, Inc., 8401 Woodward Avenue, Detroit, Michigan (48201) owes the bankrupt estate the sum of $5,074.22 for merchandise returned to the Carmen Cosmetics, Inc., which had been paid for by the bankrupt...

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