Edward Bryant Bertram, Bankrupt, Terry L. Hatchett, Trustee in Bankruptcy for Edward Bryant Bertram v. Citizens National Bank, Glasgow, Kentucky

SIMONS, Senior Judge.

Upon an involuntary petition filed March 16, 1959, Edward Bryant Bertram was adjudicated a bankrupt and appellant, Hatchett, named by his creditors as Trustee of his estate. As Trustee, Hatchett sued, the appellee Bank for an amount received by it in discharge of a debt owing to the Bank, on the ground that the payment constituted a voidable preference, within the meaning of Sec. 60, sub. a of the Bankruptcy Act, 11 U.S. C.A. § 96, sub. a. The referee directed the Bank to pay such sum to the Trustee. The District Court set aside the order and the Trustee appeals. The…