James E. Maley, Trustee in Bankruptcy of Dutch Oven Bakeries, Inc., Bankrupt v. W. E. Carroll

GOLDBERG, Circuit Judge:

This case arises out of an attempt— blocked by the district court, whom we affirm — of the trustee in bankruptcy to attack the ordinary sale of a going business by its owner to a new corporation. The trustee seeks to besmirch the sale, four years after it took place, with weightless assumptions and paper-weight conclusions, to “avoid” it under § 70e of the Bankruptcy Act, and to reap the price paid to the former owner for the benefit of the new corporation’s creditors now that the new corporation has bankrupted itself. Section 70e may vest the trustee with a roving…