GRAY v. GIANT WHOLESALE CORP.

No. 84-1439.

758 F.2d 1000 (1985)

David G. GRAY, Trustee, Appellant, and A. Wayne Ingle and William Jerry Page t/d/b/a Ingle-Page Enterprises, Inc., Plaintiffs, v. GIANT WHOLESALE CORP., a Tennessee Corporation, Appellee, v. Joyce P. INGLE and Joanna W. Page, Third-Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 4, 1985.


Attorney(s) appearing for the Case

David G. Gray, Asheville, N.C. (Gray, Kimel & Connolly, P.A., Asheville, N.C., on brief), for appellant.

E. Glenn Kelly, Asheville, N.C. (Bennett, Kelly & Cagle, P.A., Asheville, N.C., on brief), for appellee.

Before RUSSELL, WIDENER and SNEEDEN, Circuit Judges.


DONALD RUSSELL, Circuit Judge:

This is a case brought by David G. Gray, trustee in bankruptcy for the estate of William Jerry Page d/b/a Hendersonville Food Center, against Giant Wholesale Corp., a Tennessee corporation, to recover for allegedly ineffective, voidable and preferential transfers made to Giant before Page filed his voluntary Chapter 7 bankruptcy petition.1 The district court held, as a matter of law, that Giant was a secured...

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