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    Ronald L. WALUTES, Trustee in Bankruptcy For Alexandria Prestressed, Inc., Bankrupt, Appellant, v. Thorington Construction Company, Inc., Appellee

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    The court affirmed the lower court's ruling that certain payments made by the bankrupt company, Alexandria Prestressed, Inc., to Thorington Construction Company were not preferential or recoverable by the trustee in bankruptcy. The findings of fact from the Referee and District Judge established that the payments were made for fair consideration and not with the intent to hinder or delay other creditors. The appellate court accepted these factual findings, which were supported by evidence in the record.

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    Ronald L. WALUTES, Trustee in Bankruptcy For Alexandria Prestressed, Inc., Bankrupt, Appellant, v. Thorington Construction Company, Inc., Appellee

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    The court affirmed the lower court's ruling that certain payments made by the bankrupt company, Alexandria Prestressed, Inc., to Thorington Construction Company were not preferential or recoverable by the trustee in bankruptcy. The findings of fact from the Referee and District Judge established that the payments were made for fair consideration and not with the intent to hinder or delay other creditors. The appellate court accepted these factual findings, which were supported by evidence in the record.

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    Filed: 1970-04-09 Precedential Status: Precedential Citations: 423 F.2d 1214 Docket: 13732

    Original Title

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

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    The court affirmed the lower court's ruling that certain payments made by the bankrupt company, Alexandria Prestressed, Inc., to Thorington Construction Company were not preferential or recoverable by the trustee in bankruptcy. The findings of fact from the Referee and District Judge established that the payments were made for fair consideration and not with the intent to hinder or delay other creditors. The appellate court accepted these factual findings, which were supported by evidence in the record.

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    Ronald L. WALUTES, Trustee in Bankruptcy For Alexandria Prestressed, Inc., Bankrupt, Appellant, v. Thorington Construction Company, Inc., Appellee

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    The court affirmed the lower court's ruling that certain payments made by the bankrupt company, Alexandria Prestressed, Inc., to Thorington Construction Company were not preferential or recoverable by the trustee in bankruptcy. The findings of fact from the Referee and District Judge established that the payments were made for fair consideration and not with the intent to hinder or delay other creditors. The appellate court accepted these factual findings, which were supported by evidence in the record.

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    of 1

    423 F.

    2d 1214

    Ronald L. WALUTES, Trustee in Bankruptcy for Alexandria


    Prestressed, Inc., Bankrupt, Appellant,
    v.
    THORINGTON CONSTRUCTION COMPANY, Inc.,
    Appellee.
    No. 13732.

    United States Court of Appeals, Fourth Circuit.


    Argued April 7, 1970.
    Decided 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.
    PER CURIAM:

    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.

    Affirmed.

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