Legal Opinion

John J. Rooney, Trustee in the Matter of James Bernard Johnson and Dolores June Johnson, Bankrupts v. Thomas F. Mason and Doris G. Mason

Court of Appeals for the Tenth Circuit

Decided May 13, 1968No. 9819PublishedCited by 24 opinions

1Opinion of the Court

HILL, Circuit Judge.

This is an appeal by a trustee in bankruptcy. Suit was brought under 11 U.S.C. § 96, or § 60 of the Bankruptcy Act, to have the transfer of certain property to appellees declared a preferential transfer and thus returnable to the trustee. Judgment was denied appellant on summary judgment on the basis that appellees had a valid security interest in the property transferred to them.

It was stipulated that no dispute as to any genuine issue of fact existed. The facts, therefore, which were set out by the trial court and upon which this decision rests are as follows: On…

2Cases cited7 opinions

  1. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
  2. Potucek v. Cordeleria LourdesCourt of Appeals for the Tenth Circuit · 1962
  3. Foundation Reserve Insurance Company v. KellyCourt of Appeals for the Tenth Circuit · 1968
  4. In Re SmithDistrict Court, E.D. Pennsylvania · 1962
  5. Employers Mutual Casualty Company, a Corporation v. Mfa Mutual Insurance Company, a Corporation, Peggy Offill and William E. AndersonCourt of Appeals for the Tenth Circuit · 1967

2 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. McMillin v. First National Bank & Trust Co.District Court, W.D. Oklahoma · 1975
  2. Texaco, Inc. v. Jimmy N. PruittCourt of Appeals for the Tenth Circuit · 1968
  3. In The Matter Of Tri-State Equipment, Inc.Court of Appeals for the Tenth Circuit · 1986
  4. Beneficial Finance Co. of New York, Inc. v. Kurland Cadillac-Oldsmobile, Inc.Appellate Division of the Supreme Court of the State of New York · 1969
  5. In The Matter Of Wilco Forest Machinery, Inc.Court of Appeals for the Fifth Circuit · 1974

19 more not listed; retrieve them via the Exa API.

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