IN RE SCHMELZER

No. 72-2118.

480 F.2d 1074 (1973)

In re Raymond Cecil SCHMELZER, Bankrupt. Danny A. CESNER, Trustee-Appellant, v. Raymond Cecil SCHMELZER, Bankrupt-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 21, 1973.


Attorney(s) appearing for the Case

Larry E. Staats, Columbus, Ohio, for trustee-appellant.

E. Bruce Hadden, Columbus, Ohio, for bankrupt-appellee; Jonathan A. Tarbox, Columbus, Ohio, on brief.

Before WEICK, MILLER and LIVELY, Circuit Judges.


WEICK, Circuit Judge.

The sole issue in this appeal is whether the title to the bankrupt's unliquidated claim for damages for personal injuries sustained by him in an automobile accident, vested in his trustee under the provisions of Section 70(a)(5) of the Bankruptcy Act, 11 U.S.C. § 110 (a)(5).

The referee in bankruptcy held that the title to such claim vested in the trustee. He relied principally upon the opinion of a District Judge in his own District...

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