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POTUCEK v. CORDELERIA LOURDES

No. 6959.

310 F.2d 527 (1962)

John A. POTUCEK, Trustee of Wilson Sugar and Elevator Company, Inc., Bankrupt, Appellant, v. CORDELERIA LOURDES and Cordeleria Santa Ines, Appellees. In the Matter of Donald L. WILSON and Margie I. Wilson and Wilson Sugar and Elevator Company, Inc., Bankrupt.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 30, 1962.

Attorney(s) appearing for the Case

Malcolm Miller, Wichita, Kan., for appellant.

Wayne Coulson, Wichita, Kan. (Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, and Gerrit H. Wormhoudt, Wichita, Kan., and Hugo T. Wedell and Homer V. Gooing, Wichita, Kan., of counsel, were with him on the brief), for appellees.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The question is whether, in voluntary bankruptcy proceedings, petitions in reclamation should be allowed on the ground that a mistake in the identity of the purchaser gave petitioners the right to rescind the transactions through which the Bankrupt gained possession of goods sought to be reclaimed. The Referee denied the petitions and the district court reversed.

Appellant is the Trustee of the bankrupt estates of Donald L. Wilson...

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