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O'RIELEY v. ENDICOTT-JOHNSON CORPORATION

No. 16573.

297 F.2d 1 (1961)

M. W. O'RIELEY, Trustee in Bankruptcy of Woerderhoff Shoe Co., Inc., Appellant, v. ENDICOTT-JOHNSON CORPORATION, Appellee.

United States Court of Appeals Eighth Circuit.

November 30, 1961.

Attorney(s) appearing for the Case

Thomas M. Collins, Cedar Rapids, Iowa, made argument for the appellant, and was on the brief.

Meyer M. Kahn, St. Louis, Mo., made argument for the appellee. Bryce M. Fisher, Cedar Rapids, Iowa, was with him on the brief.

Before VOGEL and BLACKMUN, Circuit Judges, and BECK, District Judge.

BLACKMUN, Circuit Judge.

This appeal involves a reclamation petition filed by Endicott-Johnson Corporation for shoes sold and delivered to Woerderhoff Shoe Co., Inc., prior to the latter's bankruptcy. Woerderhoff filed a voluntary petition in bankruptcy on November 17, 1958, and included Endicott in its list of unsecured creditors. It was adjudged bankrupt two days later. The present petition alleges the rescission of the shoe sales as of November 14 and the surrender...

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