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BROWN v. UNIVERSAL C.I.T. CREDIT CORPORATION

No. 14380.

331 F.2d 246 (1964)

Philip A. BROWN, as Trustee in Bankruptcy of the Estate of Theodore Frederick Schulz, Bankrupt, Plaintiff-Appellant, v. UNIVERSAL C.I.T. CREDIT CORPORATION, an Indiana Corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

April 15, 1964.

Attorney(s) appearing for the Case

Carroll V. Williams, Gore & Williams, Benton Harbor, Mich., R. Wyatt Mick, Jr., Mishawaka, Ind., Edward Yampolsky, Benton Harbor, Mich., for plaintiff and appellant.

Isadore D. Rosenfeld, South Bend, Ind., Robert S. Currey, Mishawaka, Ind., for defendant appellee.

Before SCHNACKENBERG, KILEY and SWYGERT, Circuit Judges.

KILEY, Circuit Judge.

Plaintiff-trustee brought this reclamation suit to recover a chattel repossessed from his bankrupt by defendant. The district court dismissed the complaint on the ground that it failed to state a claim upon which relief could be granted. Rule 12(b) (6), Fed.R.Civ.P. We think the court erred.

The South Bend Truck Company, defendant's assignor, sold the chattel to Theodore Schulz under an Indiana conditional sales contract, executed in...

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