IN RE YALE EXPRESS SYSTEM, INC.

No. 125, Docket 31567.

384 F.2d 990 (1967)

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

United States Court of Appeals Second Circuit.

Decided November 8, 1967.


Attorney(s) appearing for the Case

Marvin F. Hartung, New York City (Conboy, Hewitt, O'Brien & Boardman, Myron D. Cohen, New York City, of counsel), for petitioner-appellant.

William R. Glendon, New York City (Royall, Koegel, Rogers & Wells, David W. Bernstein, New York City, of counsel), for respondent-appellee.

Before FRIENDLY, KAUFMAN and ANDERSON, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

When we reversed the District Judge's prior ruling on Fruehauf Corporation's [Fruehauf] application for reclamation,1 we did so because we believed too much reliance had been placed on In re Lake's Laundry, 79 F.2d 326 (2d Cir. 1933). We expressed the view that the ratio decidendi of that case had been undermined by the adoption in virtually every state of the Uniform...

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