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IN RE HARBOUR

Nos. 87-3610, 87-3611.

845 F.2d 1254 (1988)

In re Billy H. HARBOUR, Debtor. Donald W. HUFFMAN, Trustee, Plaintiff-Appellant, v. COMMERCE SECURITY CORPORATION; Vivian S. Brandon, Defendants-Appellees, v. James M. BRANDON; Mary Eddy, Third Party Defendants. In re Billy H. HARBOUR, Debtor. Donald W. HUFFMAN, Trustee, Plaintiff-Appellee, v. COMMERCE SECURITY CORPORATION; Vivian S. Brandon, Defendants-Appellants, v. James M. BRANDON; Mary Eddy, Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided May 6, 1988.

Attorney(s) appearing for the Case

Carr L. Kinder, Jr. (Bird, Kinder & Huffman, Roanoke, Va., on brief), for plaintiff-appellant.

John E. Falcone (W. Alan Smith, Jr., Smith, Angel & Falcone, P.C., Lynchburg, Va., on brief), for defendants-appellees.

Before RUSSELL and PHILLIPS, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

DONALD RUSSELL, Circuit Judge:

Billy H. Harbour (Harbour), the debtor, and James Brandon were business associates and friends prior to certain of Harbour's creditors filing an involuntary petition for bankruptcy against Harbour on February 11, 1982. The bankruptcy began in Chapter 11 but was ultimately converted to a Chapter 7 proceeding on September 13, 1983.

This appeal involves an action by the trustee in bankruptcy, Donald W. Huffman, to recover certain...

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