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MATTER OF MUTUAL BOARD & PACKAGING CORP.

No. 279, Docket 29279.

342 F.2d 294 (1965)

In the Matter of MUTUAL BOARD AND PACKAGING CORP., Bankrupt. EX-CELLO CORP., Appellant, v. The ONEIDA NATIONAL BANK AND TRUST COMPANY OF CENTRAL NEW YORK, Appellee.

United States Court of Appeals Second Circuit.

Decided March 11, 1965.

Petition for Rehearing Denied, April 7, 1965.

Attorney(s) appearing for the Case

Francisco Penberthy, Penberthy & DeIorio, Utica, N. Y., for appellant.

Joseph J. Cardamone, Jr., Ferris Hughes, Dorrance & Groben, Utica, N. Y., for appellee.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.

Petition for Rehearing in Banc Denied, April 7, 1965.

HAYS, Circuit Judge:

The appellant Ex-Cello Corporation brought a reclamation proceeding in the bankruptcy court for the recovery of the sum of $15,296.37 which constituted the proceeds of a sale, pursuant to order of the court, of a Staude window patch gluing machine, with attachments, originally sold by appellant to the bankrupt on a conditional sales contract. The appellee bank asserted its right to...

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