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IN RE METROPOLITAN OFFSET PRINTERS, INC.

No. 16746.

391 F.2d 770 (1968)

In the Matter of METROPOLITAN OFFSET PRINTERS, INC. and H. M. L. Shoppers, Inc., Garden State News; Union Sun Publishing Co.; Leader Publishing Co.; Springfield Sun Publishing Co.; Echo Publishing Co.; Berkeley Heights Beacon, Inc.; Fanwood Independent; Scotch Plains Times; Homemakers Digest, Inc. (related and affiliated corporations), Joseph J. Clarick, as Trustee, Appellant.

United States Court of Appeals Third Circuit.

Decided March 25, 1968.

Attorney(s) appearing for the Case

Allan L. Tumarkin, Newark, N. J., (Kleinberg, Moroney & Masterson, Joseph J. Clarick, Trustee, Newark, N. J., on the brief), for appellant.

John J. McLaughlin, Newark, N. J., for appellee.

Before HASTIE, Chief Judge, and GANEY, Circuit Judge, and WEINER, District Judge.

OPINION OF THE COURT

HASTIE, Chief Judge.

In a bankruptcy proceeding, American Guaranty Corporation filed a reclamation petition for a Vanguard Web Offset Press and other printing equipment which was in the possession of Metropolitan Offset Printers, Inc. when Metropolitan became bankrupt. Metropolitan's trustee resisted this claim and the referee sustained his position as to the Vanguard press, treating American Guaranty's title as an unrecorded security...

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