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WAKEFIELD v. GOLDSTEIN

No. 80-1372.

644 F.2d 707 (1981)

In re Jimmy WAKEFIELD, Debtor Hawkins Equipment Company, Appellee, v. Bernard GOLDSTEIN, Trustee, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 20, 1981.

Attorney(s) appearing for the Case

Marc I. Baretz, West Memphis, Ark., for appellant.

Donald A. Forrest, West Memphis, Ark., for appellee.

Before BRIGHT, STEPHENSON and McMILLIAN, Circuit Judges.

PER CURIAM.

This is the second time this case has come before us.1 The trustee in bankruptcy appeals from a judgment entered in the District Court for the Eastern District of Arkansas2 affirming the bankruptcy court's decision that under Arkansas law a usurious contract is voidable, not void, and that the debtor's release constituted a voluntary payment in satisfaction of the debt.

For reversal the...

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