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IN RE EXCEL STORES, INC.

Nos. 179, 180, Dockets 28432, 28433.

341 F.2d 961 (1965)

In the Matter of EXCEL STORES, INC. and Excel Enterprises, Inc., Bankrupts, National Cash Register Company, Petitioner-Appellant.

United States Court of Appeals Second Circuit.

Decided February 11, 1965.

Attorney(s) appearing for the Case

Ralph R. Rakosky, New London, Conn. (Michael E. Cronin, Jr. and Michael A. Rakosky, New London, Conn., on the brief), for trustee-appellee.

Charles Suisman, New London, Conn. (S. Joel Suisman and Suisman, Shapiro & Wool, New London, Conn., on the brief), for petitioner-appellant.

Before LUMBARD, Chief Judge, and MEDINA and MARSHALL, Circuit Judges.

MEDINA, Circuit Judge:

It was held below that the conditional sale contract between appellant National Cash Register Company and the bankrupt Excel Stores, Inc. was not a sufficient compliance with the requirements of the Uniform Commercial Code embodied in Section 42a-9-402 of the Connecticut General Statutes because not properly "signed." The defect is that the name "Excel Department Stores" was used instead of "Excel Stores, Inc." The critical question is whether...

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