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IN RE COCHRAN PAVING COMPANY

No. 30226.

444 F.2d 72 (1971)

In the Matter of COCHRAN PAVING COMPANY, Inc. L. F. PYE, Creditor's Reclamation Petition, Appellee, James M. BARNES, Trustee in Bankruptcy, Appellant.

United States Court of Appeals, Fifth Circuit.

May 11, 1971.

Attorney(s) appearing for the Case

Isaac C. Adams, Rocky Face, Ga., Robert B. Adams, Dalton, Ga., for appellant.

H. E. Kinney, Pittman & Kinney, L. Hugh Kemp, Dalton, Ga., for appellee.

Before THORNBERRY and GODBOLD, Circuit Judges, and BOOTLE, District Judge.

PER CURIAM:

Pye filed a petition seeking to reclaim property in the possession of the trustee in bankruptcy and held by the bankrupt under a title retention contract in favor of Pye. The trustee raised as defenses that the transaction under which Pye claimed was fraudulent under federal and state law; that Pye had filed, and dismissed, a foreclosure and levy on some of the bankrupt's property, causing his lien to be lost or satisfied under state law; that there had...

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