IN RE MERCER

No. 79-3686.

631 F.2d 1197 (1980)

In re Andrew J. MERCER, Bankrupt. A. Stephenson WALLACE, Trustee, Appellant, v. Andrew J. MERCER, Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied January 6, 1981.


Attorney(s) appearing for the Case

A. Stephenson Wallace, Augusta, Ga., pro se.

Surrett, Choate & Walker, James D. Walker, Jr., Augusta, Ga., for appellee.

Before TUTTLE, GODBOLD and HILL, Circuit Judges.


TUTTLE, Circuit Judge:

The plaintiff-appellant trustee in bankruptcy brought a complaint for turnover order against defendant-appellee bankrupt alleging that a certain judgment and the proceeds thereof owned by the bankrupt were an asset of the bankruptcy estate. The bankrupt answered, denying that the judgment was an asset of the estate, claiming instead, that since the judgment was on appeal to the Court of Appeals of the State of Georgia and was a judgment based...

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