Ronald L. Walutes, Trustee in Bankruptcy for Alexandria Prestressed, Inc., Bankrupt, Appellant, v. Thorington Construction Company, Inc., Appellee, 423 F.2d 1214 (4th Cir. 1970)

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US Court of Appeals for the Fourth Circuit - 423 F.2d 1214 (4th Cir. 1970) Argued April 7, 1970Decided April 9, 1970

Dillard C. Laughlin, Arlington, Va. (Phillips, Kendrick, Gearheart & Aylor, Arlington, Va., on the brief), for appellant.

R. E. Cabell, Jr., Richmond, Va. (Moncure & Cabell, Richmond, Va., on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and WINTER, Circuit Judges.


The findings of fact of the Referee, concurred in by the District Judge, make it clear that the challenged payments were for a fair consideration and were not made with an intent to hinder or delay other creditors. We accept those findings, as we must, for they are adequately supported by the record, and, with them, the conclusion that the payments were not preferential or recoverable by the Trustee in Bankruptcy.