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COSEO v. ALPENA SAVINGS BANK

No. 77-1730.

612 F.2d 276 (1980)

Raymond Theodore COSEO, Individually and f/d/b/a Coseo Used Cars and f/d/b/a Coseo Bay Service, Bankrupt, Winn Hedglin, Trustee, Plaintiff-Appellant, v. ALPENA SAVINGS BANK, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

January 11, 1980.

Attorney(s) appearing for the Case

John T. Garey, Saginaw, Mich., for plaintiff-appellant.

Webster C. Tally, Bay City, Mich., for defendant-appellee.

Before LIVELY and MARTIN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PER CURIAM.

This is an action by the trustee in bankruptcy to recover $9,660.15 realized by defendant, Alpena Savings Bank, from the sale of six vehicles which the bankrupt had surrendered to the bank before adjudication in bankruptcy. The bank contends that the vehicles were covered by a security agreement dated April 20, 1973, and that their transfer was not a preference under Section 60 of the Bankruptcy Act, 11 U.S.C. § 96. The district court so held in reversing...

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