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STUBBS v. HARDEE

No. 71-1847.

461 F.2d 480 (1972)

Trawick H. STUBBS, Jr., as Trustee in Bankruptcy of Hodges Bell Parker, Bankrupt, Appellant, v. John B. HARDEE and wife, Bettye B. Hardee, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 13, 1972.

Attorney(s) appearing for the Case

Trawick H. Stubbs, Jr., Charlotte, N. C., for appellant.

Fred M. Carmichael, New Bern, N. C., and Thomas J. White, III, Kingston, N. C. (Sumrell & Carmichael, New Bern, N. C., and White, Allen, Hooten & Hines, Kingston, N. C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and CRAVEN and BUTZNER, Circuit Judges.

HAYNSWORTH, Chief Judge:

The bankrupt and his wife transferred a dairy farm they owned and operated allegedly for less than a fair consideration, in violation of § 67(d) (2) (a) of the Bankruptcy Act, and with an actual intent to defraud his creditors in violation of § 67(d) (2) (d) of that Act. The District Court dismissed this action, brought by the Trustee in Bankruptcy to set aside the conveyance, on the ground that the farm was held by the bankrupt...

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