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GENERAL MOTORS ACCEPTANCE CORPORATION v. SALIBA

No. 17017.

260 F.2d 262 (1958)

GENERAL MOTORS ACCEPTANCE CORPORATION, Appellant, v. George E. SALIBA, Trustee in Bankruptcy of Mrs. Lottie Thompson Griffin, Appellee.

United States Court of Appeals Fifth Circuit.

October 24, 1958.

Attorney(s) appearing for the Case

Cubbedge Snow, T. Baldwin Martin, Jr., Macon, Ga., Martin, Snow, Grant & Napier, Macon, Ga., of counsel, for appellant.

Carl E. Westmoreland, Macon, Ga., Westmoreland & Thornton, Macon, Ga., Thomas L. Raggio, Lake Charles, La., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.

HUTCHESON, Chief Judge.

This is an appeal from an order of the district judge entered in a bankruptcy proceeding, denying a reclamation claim to an automobile which had been purchased under a conditional sales contract. It presents for decision the single question whether the district judge was right or wrong in holding that the claim of the trustee is superior to that of appellant, the unpaid seller of the automobile.

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