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McCANNON v. MARSTON

No. 81-2490.

679 F.2d 13 (1982)

Miriam H. McCANNON, Appellant, v. David W. MARSTON, Trustee, the Trustees of the Central States Southeast and Southwest Areas Pension Fund and Hotel Associates, Inc., Robert B. Miller, Stanton R. Miller, a partnership, t/a "The Drake".

United States Court of Appeals, Third Circuit.

Decided June 2, 1982.

Rehearing and Rehearing Denied July 12, 1982.

Attorney(s) appearing for the Case

Jan Z. Krasnowiecki (argued), Janet M. Sonnenfeld, Philadelphia, Pa., for appellant, Miriam H. McCannon.

John S. Estey, Alison Douglas Knox (argued), Philadelphia, Pa., for appellee David W. Marston, trustee; Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., of counsel.

Before GIBBONS and HUNTER, Circuit Judges, and GERRY, District Judge.

Rehearing and Rehearing In Banc Denied July 12, 1982.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Among the provisions of the Bankruptcy Reform Act of 1978, 11 U.S.C. § 101 et seq. (Supp. III 1979) (the Code), that require reference to state law is the "strong arm clause" of Section 544. This section grants the trustee the state law defined rights and powers of certain creditors and transferees of property. In this case, both the bankruptcy...

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