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WELLMAN v. WELLMAN

No. 90-1403.

933 F.2d 215 (1991)

John G. WELLMAN, Sr., as Debtor-in-possession, Plaintiff-Appellant, v. Arthur O. WELLMAN, Jr.; Edward R. Sacks; and Wellman, Incorporated, Successor to Sacks Textile Associates, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 13, 1991.

Attorney(s) appearing for the Case

Robert Wayne Byrd, Ronald Eugene Boston, argued (Michael S. Church, on brief), Turner, Padget, Graham & Laney, P.A., Florence, S.C., for plaintiff-appellant.

James C. Parham, Jr., argued (Marshall Winn, on brief), Wyche, Burgess, Freeman & Parham, P.A., Greenville, S.C., for defendant-appellee Arthur Wellman.

Morris Milton Schnitzer, Roseland, N.J., argued (John P. Linton, Marvin D. Infinger, Sinkler & Boyd, P.A., Charleston, S.C., on brief), for defendant-appellee Sacks.

Morris D. Rosen, Alice F. Paylor, Rosen, Rosen & Hagood, Charleston, S.C., for defendants-appellees Wellman, Inc. and Sacks Textile Associates.

Before SPROUSE and WILKINSON, Circuit Judges, and NICKERSON, United States District Judge for the District of Maryland, sitting by designation.

SPROUSE, Circuit Judge:

John Wellman, in his action below, sued Arthur O. Wellman, Edward R. Sacks, and Wellman, Inc., successor to Sacks Industries, Inc. (previously named Sacks Textiles Associates, Inc.), for damages and to set aside a conveyance of stock to Edward Sacks made prior to John Wellman's bankruptcy, under the provisions of §§ 548 and 550 of United States Bankruptcy Code, 11 U.S.C. §§ 548, 550. The district court granted summary judgment...

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