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IN RE RAWSON FOOD SERVICE, INC.

No. 87-3466.

846 F.2d 1343 (1988)

In re RAWSON FOOD SERVICE, INC., Debtor. FLAV-O-RICH, INC., Plaintiff-Appellant, Cross-Appellee, v. RAWSON FOOD SERVICE, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 14, 1988.

Attorney(s) appearing for the Case

Lance Paul Cohen, Janet H. Thurston, Cohen & Thurston, P.A., Jacksonville, Fla., for plaintiff-appellant, cross-appellee.

Marshall W. Liptak, Jacksonville, Fla., for defendant-appellee, cross-appellant.

Before VANCE and ANDERSON, Circuit Judges, and BROWN, Senior Circuit Judge.

ANDERSON, Circuit Judge:

The sole issue raised in this bankruptcy appeal is whether, in a reclamation action brought pursuant to 11 U.S.C. § 546(c), the seller must prove as part of its prima facie case that the debtor possessed the goods the seller seeks to reclaim at the time the reclamation demand was made. We conclude that an implicit requirement of a § 546(c) reclamation claim is that the debtor must possess the goods when the reclamation demand is...

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