BUMB v. PAULIN MOTOR CO.

No. 25454.

454 F.2d 1149 (1972)

A. J. BUMB, Trustee in Bankruptcy for Bryan Oldsmobile, Inc., a Bankrupt Corporation, Plaintiff-Appellee, v. PAULIN MOTOR CO., a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 16, 1972.


Attorney(s) appearing for the Case

Benjamin P. Dillahunty (argued), San Diego, Cal., for defendant-appellant.

Howard P. Miller, of Buchalter, Nemer, Fields & Savitch, Los Angeles, Cal., for plaintiff-appellee.

Before BROWNING and CHOY, Circuit Judges, and CRAIG, District Judge.


CRAIG, District Judge:

This is an appeal from a judgment of the District Court in favor of plaintiff-appellee, trustee in bankruptcy for Bryan Oldsmobile, Inc., a bankrupt corporation, and against defendant-appellant, Paulin Motor Co., a Delaware corporation, by which judgment a sale of assets from Bryan Oldsmobile to Paulin Motor Co. was set aside as constituting a voidable preference under § 60b of the Bankruptcy Act (11 U.S.C. § 96). We reverse.

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