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MATTER OF MARIN MOTOR OIL, INC.

No. 83-5500.

740 F.2d 220 (1984)

In the Matter of MARIN MOTOR OIL, INC. MONTELLO OIL CORPORATION Cities Service Company, Appellant, v. MARIN MOTOR OIL, INC., David P. Michaels, Trustee, and Cities Service Company, Appellees.

United States Court of Appeals, Third Circuit.

Decided July 24, 1984.

Attorney(s) appearing for the Case

Leslie H. Rudnick (Argued), Ring & Rudnick, Boston, Mass., for appellants.

Andrew S. Polito (Argued), Mattson, Madden & Polito, Newark, N.J., for appellee Cities Service Co.

Jack M. Zackin (Argued), Ravin, Greenberg & Zackin, P.A., Roseland, N.J., for appellee David P. Michaels, Trustee of Marin Motor.

Before HUNTER and BECKER, Circuit Judges, and KATZ, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This case presents several difficult questions involving the interpretation of section 546(c) of the Bankruptcy Code, 11 U.S.C. § 546(c). Section 546(c) adopts the "seller's right of reclamation" created by section 2-702 of the Uniform Commercial Code, which enables a seller to reclaim its goods "upon demand made within ten days after receipt" of the goods by the buyer. Section 546(c) allows the seller to...

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