IN RE WALLACE LINCOLN-MERCURY COMPANY, INC.

No. 71-2700.

469 F.2d 396 (1972)

In the Matter of WALLACE LINCOLN-MERCURY COMPANY, INC., Bankrupt, Ford Motor Credit Company, Appellant, v. Herschel A. GENTRY, Trustee, et al., Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied December 11, 1972.


Attorney(s) appearing for the Case

William F. Pipes, Jr., Monroe, La., George V. Burbach, Dearborn, Mich., Peter A. Feringa, Jr., New Orleans, La., for appellant.

Fred W. Jones, Jr., Kenneth W. Campbell, Ruston, La., for bankrupt.

James A. Hobbs, West Monroe, La., for Trustee.

A. K. Goff, Jr., Ruston, La., for Ruston Bank.

Ragan D. Madden, Dist. Atty., Ruston, La., for Mrs. Heard.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.


AINSWORTH, Circuit Judge:

In this bankruptcy proceeding, we must determine the rights of creditors, one of whom claims a preference. In a complex series of transactions, Wallace Lincoln-Mercury Company purchased automobiles from Ford Motor Company (Ford) using credit extended by Ford Motor Credit Company (FMCC). When Wallace filed a debtor's petition in bankruptcy, the general creditors challenged FMCC's claim of preference to the 65 automobiles in Wallace's possession...

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