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MATTER OF FASHION OPTICAL, LTD.

No. 79-1864.

653 F.2d 1385 (1981)

In the Matter of FASHION OPTICAL, LTD., Bankrupt. Joe STEELE, Trustee, Plaintiff-Appellant, v. Dr. Charles J. GEBETSBERGER, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided July 14, 1981.

Attorney(s) appearing for the Case

Norman E. Reynolds, of Reynolds, Ridings & Hargis, Oklahoma City, Okl., for plaintiff-appellant.

Ray K. Babb, Jr., Oklahoma City, Okl., for defendant-appellee.

Before McWILLIAMS, McKAY and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

The district court affirmed a bankruptcy court order holding a transfer from bankrupt Fashion Optical, Ltd. to defendant Dr. Gebetsberger to be neither a fraudulent conveyance nor a transfer intended as security. Both courts held the transfer to be a true lease. The trustee in bankruptcy appeals. We reverse and remand for further proceedings.

The dispute between the trustee and Gebetsberger centers on a purported sale and leaseback...

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