JOHN P. MAGUIRE & CO. v. HERZOG

No. 27945.

421 F.2d 419 (1970)

JOHN P. MAGUIRE & CO., Inc., Plaintiff-Appellee, v. Richard B. HERZOG, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

January 19, 1970.


Attorney(s) appearing for the Case

Paul L. Hanes, Joseph Lefkoff, Heyman & Sizemore, Atlanta, Ga., for appellant.

G. William Thackston, Jr., Harmon & Thackston, Atlanta, Ga., for appellee.

Before BELL, AINSWORTH and CARSWELL, Circuit Judges.


CARSWELL, Circuit Judge:

This is an appeal by a corporate officer from a judgment of the District Court holding him liable for a corporate debt under Section 17(a) (4) of the Bankruptcy Act, 11 U.S.C.A. § 35(a) (4), despite his personal discharge in bankruptcy.

While the facts of this case are somewhat complicated, this Court is called upon to determine a narrow issue of law which may be stated as follows: Does the direction and use of proceeds, derived...

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