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BAY CITY SHOVELS v. SCHUELER

No. 13017.

245 F.2d 73 (1957)

BAY CITY SHOVELS, Inc., Appellant, v. Arthur M. SCHUELER, Trustee of the Estate of Raymond J. Avendt, Inc., Bankrupt, Appellee.

United States Court of Appeals Sixth Circuit.

May 15, 1957.

Attorney(s) appearing for the Case

Robert C. Boyer, Detroit, Mich., William J. Griffin, Detroit, Mich., on brief; and Griffin, Seely, Boyer & Gilleo, Detroit, Mich., of counsel, for appellant.

Harold E. Mountain, Jr., Detroit, Mich., Kenney, Radom, Rockwell & Mountain, Detroit, Mich., of counsel, for appellee.

Before ALLEN, McALLISTER and STEWART, Circuit Judges.

STEWART, Circuit Judge.

Appellant filed a reclamation petition in a bankruptcy proceeding to recover a power shovel on which it held a chattel mortgage. The petition was denied by the referee. This appeal is from the district court's affirmance of the referee's order.1

Raymond J. Avendt, Inc., is the bankrupt. Its president was Raymond J. Avendt. He purchased the shovel from one Raymond Lajoie on September 10, 1953. At the time...

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