IN RE ABC-FEDERAL OIL & BURNER CO.

No. 13274.

290 F.2d 886 (1961)

In the Matter of ABC-FEDERAL OIL & BURNER CO., Inc., Bankrupt. Peltz Street Terminals, Inc., Claimant-Appellant.

United States Court of Appeals Third Circuit.

Decided April 7, 1961.

Rehearing Denied May 25, 1961.


Attorney(s) appearing for the Case

Arthur Littleton, Philadelphia, Pa. (Abraham L. Shapiro, Norman C. Henss, Cohen, Shapiro, & Cohen, Morgan, Lewis & Bockius, Philadelphia, Pa., on the brief), for appellant.

Robert K. Greenfield, Philadelphia, Pa. (Edward Greer, Sidney Chait, Folz, Bard, Kamsler, Goodis & Greenfield, Goff & Rubin, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and FORMAN, Circuit Judges.


McLAUGHLIN, Circuit Judge.

In this complex factual situation, two issues are presented for disposition. First, whether through the negotiations of the parties a binding contract was entered into, thereby giving the appellant a right to participate in the bankrupt's estate. Second, if no contract was proven, is the bankrupt's estate entitled to restitution of certain sums expended in contemplation of the alleged contract....

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