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FOWLER v. PENNSYLVANIA TIRE COMPANY

No. 20417.

326 F.2d 526 (1964)

Leon W. FOWLER, Trustee in Bankruptcy, in the matter of Jeff Martin, Jr., d/b/a Martin's DX, Manly's Associates, Manly's and Martin's Tire & Appliance, Appellant, v. PENNSYLVANIA TIRE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

January 10, 1964.

Attorney(s) appearing for the Case

Leon W. Fowler, Tyler, Tex., for appellant.

LeRoy Neal, Gladewater, Tex., Shirley W. Peters, Denton, Tex., for appellee.

Before HUTCHESON and BROWN, Circuit Judges, and SIMPSON, District Judge.

SIMPSON, District Judge.

This is an appeal by the trustee in bankruptcy from a judgment1 of the District Court reversing an Order2 of the referee in bankruptcy denying the petition for reclamation as filed by the appellee, Pennsylvania Tire Company. The question for decision is whether the agreement by which the appellee delivered its tires to the appellant-bankrupt...

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