Elliott v. Glushon

390 F.2d 514 Peter M. ELLIOTT, as Trustee in Bankruptcy for the Estate of Henry H. Herrera, dba U. S. Eagle Fertilizer Co. and Gardenland Nursery, Bankrupt, Appellant, v. Eugene E. GLUSHON, Appellee. No. 21494. United States Court of Appeals Ninth Circuit. December 26, 1967. Robert A. Fisher (argued), of Craig, Weller & Laugharn, Los Angeles, Cal., for appellant. Eugene Glushon (argued), in pro. per. Before BARNES and BROWNING, Circuit Judges, and McNICHOLS * , District Judge. BARNES, Circuit Judge: 1 Peter M. Elliott, trustee in bankruptcy, herein appeals from a summary judgment rendered against him by the District Court for the Central District of California. 2 Appellant is trustee in bankruptcy for the estate of Henry H. Herrera, doing business as the U. S. Eagle Fertilizer Company and Gardenland Nursery. His complaint below charged that the appellee, Eugene E. Glushon, conspired with the bankrupt and others — who were also named as defendants — to effect certain transfers of property from the bankrupt's estate which were fraudulent under sections 67 and 70 of the Bankruptcy Act, 11 U.S.C. §§ 107 , 110 (1964). The complaint also alleged that the…