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SMITH v. MIXON

Nos. 85-1662, 85-1671.

788 F.2d 229 (1986)

Tom C. SMITH, Trustee, Appellee, v. John Thomas MIXON; Orie L. Mixon, Defendants, and Clarence Mixon, Appellant. In re John Thomas MIXON, Debtor. Tom C. SMITH, Trustee, Appellee, v. John Thomas MIXON; Clarence Mixon, Defendants, and Orie L. Mixon, Appellant. In re John Thomas MIXON, Debtor.

United States Court of Appeals, Fourth Circuit.

Decided April 11, 1986.

Attorney(s) appearing for the Case

Jonathan L. Hauser (Pickett, Lyle, Siegel, Drescher & Croshaw, P.C., Virginia Beach, Va., on brief), for appellant Orie L. Mixon.

Carl W. Isbrandtsen, for appellant Clarence G. Mixon.

Tom C. Smith, Virginia Beach, Va., pro se.

Before WIDENER and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

In these consolidated appeals Clarence G. Mixon and Orie L. Mixon appeal from an order of the district court that reversed the bankruptcy court and held that the trustee of the bankrupt estate of John Thomas Mixon was entitled to an interest in certain property.

This action was brought by the trustee to set aside a transfer of property by the debtor, John Thomas Mixon, and to recover the property, not from the initial transferee...

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