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DAVIS v. P. R. SALES COMPANY

No. 329, Docket 27405.

304 F.2d 831 (1962)

Warren DAVIS, Trustee, Appellee, v. P. R. SALES COMPANY, Reclaimant-Appellant. In the Matter of AMITY DYEING & FINISHING COMPANY, Inc., Bankrupt.

United States Court of Appeals Second Circuit.

Decided June 22, 1962.

Attorney(s) appearing for the Case

Leopold Frankel, Paterson, N. J. (Samuel Newfield, New York City, on the brief), for appellant.

David Haar, New York City, for appellee.

George A. Brooks, New York City (Walter S. Buehler, John J. Higgins, Robert H. Janover, New York City, on the brief), for General Motors Acceptance Corporation, as amicus curiae.

Before FRIENDLY, SMITH and MARSHALL, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

This is an appeal from an order entered in the United States District Court for the Southern District of New York, by Hon. Frederick v.P. Bryan, D. J., affirming an order of the referee in bankruptcy which denied conditional vendor the right to reclaim the proceeds of the sale of machinery in the possession of the Trustee which machinery had been sold to the bankrupt pursuant to two contracts of conditional sale on the grounds that...

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