MATTER OF SAMUELS & CO., INC.

No. 73-1185.

526 F.2d 1238 (1976)

In the Matter of SAMUELS & CO., INC., Bankrupt. Curtis R. STOWERS et al., Appellants, v. James S. MAHON, Trustee, and C.I.T. Corporation, Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 1, 1976.


Attorney(s) appearing for the Case

Lamar Holley, Dallas, Tex., for appellants.

J. Richard Gowan, Dallas, Tex., for appellees.

John A. Grambling, Dean Hester, El Paso, Tex., amicus curiae.

Before BROWN, Chief Judge, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, MORGAN, CLARK, INGRAHAM, RONEY and GEE, Circuit Judges.


PER CURIAM:

The action of the panel1 is reversed and the judgment of the District Court is affirmed.

The court en banc adopts as its opinion the dissenting opinion of Judge Godbold2 with the additional comments which we set out in the margin.3

The judgment of the District Court is affirmed.

APPENDIX

Opinion of Circuit Judge GODBOLD

(510...

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