IN RE YALE EXPRESS SYSTEM, INC.

No. 165, Docket 30707.

370 F.2d 433 (1966)

In the Matter of YALE EXPRESS SYSTEM, INC., Debtor. FRUEHAUF CORPORATION, Appellant, v. YALE EXPRESS SYSTEM, Appellee.

United States Court of Appeals Second Circuit.

Decided December 16, 1966.


Attorney(s) appearing for the Case

Marvin F. Hartung, New York City, (Myron D. Cohen, Conboy, Hewitt, O'Brien & Boardman, New York City, on the brief), for appellant.

William R. Glendon, New York City, (Caesar L. Pitassy, David W. Bernstein, Royall, Koegel & Rogers, New York City, on the brief), for appellee.

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


IRVING R. KAUFMAN, Circuit Judge.

This appeal seeks to have us determine whether a creditor, armed with a security interest perfected under the Uniform Commercial Code, is entitled to reclaim property held by the trustee for a debtor being reorganized under Chapter X of the Bankruptcy Act.

The basic facts underlying the present controversy are not in dispute. At various times during the summer and fall of 1964, the...

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