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FIRST NATIONAL BANK OF FAIRBANKS v. ENZLER

Nos. 2181, 2182.

539 P.2d 80 (1975)

FIRST NATIONAL BANK OF FAIRBANKS, Appellant, v. Warren ENZLER and Dorothy J. Enzler, Appellees. Howard D'SPAIN, Trustee in Bankruptcy, Appellant, v. Warren ENZLER and Dorothy J. Enzler, Appellees.

Supreme Court of Alaska.

August 22, 1975.

Attorney(s) appearing for the Case

Saul R. Friedman and John W. Hedland, of Rice, Hoppner & Hedland, Anchorage, for appellant First National Bank of Fairbanks.

William M. Erwin, Anchorage, for appellant Howard D'Spain.

Richard F. Lytle, of Houston & Lytle, Anchorage, for appellees.

Before RABINOWITZ, C.J., and CONNOR and BOOCHEVER, JJ.

BOOCHEVER, Justice.

The First National Bank of Fairbanks has petitioned for a rehearing contending that we have upheld the trial court's finding of no intent to defraud without regard of the fact that we had invalidated the supporting premises that the trial court used to build up to the ultimate finding. Petitioner alleges that those premises are: (1) there was no debt owing at the time of the conveyance, and (2) the conveyance was for sufficient consideration.<...

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