CALHOUN v. BAYLOR

No. 79-1472.

646 F.2d 1158 (1981)

A. J. CALHOUN, Successor Trustee of Stax Records, Inc., Plaintiff-Appellee, v. Johnny BAYLOR and Koko Records, Inc., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 8, 1981.


Attorney(s) appearing for the Case

Arnold Davis, New York City, for defendants-appellants.

William R. Bruce, David J. Cocke, Rosenfield, Borod, Bogatin & Kremer, G. Wynn Smith, Mary L. Wolff, Wildman, Harrold, Allen, Dixon & McDonnell, Memphis, Tenn., Robert M. Johnson, Memphis, Tenn., for plaintiff-appellee.

Before EDWARDS, Chief Judge, WEICK and MERRITT, Circuit Judges.


MERRITT, Circuit Judge.

Defendants, Johnny Baylor and KoKo Records, Inc., appeal a jury verdict that would require them to return $2.5 million received as royalties and promotional fees from Stax Records, Inc., a company now bankrupt. The bankrupt's trustee brought suit under section 70(e) of the Bankruptcy Act, now 11 U.S.C. § 544(b), claiming that under the Tennessee law incorporated by the federal statute, the $2.5 million constituted a fraudulent conveyance...

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