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IN THE MATTER OF TRANSYSTEMS, INC.

No. 74-1569. Summary Calendar.

499 F.2d 416 (1974)

In the Matter of TRANSYSTEMS, INC., Bankrupt. FRUEHAUF CORPORATION, Appellant-Cross Appellee, v. Phillip REVITZ, Trustee in Bankruptcy, Transystems, Inc., Bankrupt, Appellees-Cross Appellants.

United States Court of Appeals, Fifth Circuit.

August 29, 1974.

Attorney(s) appearing for the Case

Paul Siegel, Paul A. Louis, Miami, Fla., for appellant-cross appellee.

Carl H. Hoffman, James B. Crew, Jr., Miami, Fla., for appellees-cross appellants.

Before BROWN, Chief Judge, and THORNBERRY and AINSWORTH, Circuit Judges.

PER CURIAM:

This case is before Court on the supposed merits, but the Court on its own motion has raised the question whether the order attacked has sufficient operational finality for the Court of Appeals to take cognizance of it.

The bankruptcy judge held that the funds advanced to the bankrupt were a capital contribution and did not constitute a bona fide loan (using federal income tax cases as a principal basis for his holding). On petition for review...

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