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JONES v. ROWLAND

No. 71-1235.

457 F.2d 44 (1972)

Oscar W. JONES, Trustee, Plaintiff-Appellant, v. Nellie Elizabeth ROWLAND, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 27, 1972.

Attorney(s) appearing for the Case

Paul Kelly, Jr., Roswell, N.M., for plaintiff-appellant.

Charles E. Barnhart, Albuquerque, N. M., for defendant-appellee.

Before BREITENSTEIN, HILL and McWILLIAMS, Circuit Judges.

HILL, Circuit Judge.

The appeal is from a judgment rendered after a trial to the court, without a jury, denying the appellant-trustee recovery under the bankruptcy preference statute, § 67(d) of the Bankruptcy Act, 324 F.Supp. 494.

The record reflects the following undisputed basic facts. On June 24, 1968, a quitclaim deed to certain real property was filed of record. This instrument shows Hugh W. Rowland as grantor...

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