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IN RE DENNIS MITCHELL INDUSTRIES, INC.

No. 17240.

419 F.2d 349 (1969)

In the Matter of DENNIS MITCHELL INDUSTRIES, INC., Debtor. A. J. Armstrong Co., Inc., Appellant.

United States Court of Appeals Third Circuit.

Reargued November 5, 1969.

Decided December 18, 1969.

Attorney(s) appearing for the Case

Morton Newman, Blank, Rudenko, Klaus & Rome, Philadelphia, Pa. (Goncer M. Krestal, Fred Blume, Philadelphia, Pa., on the brief), for appellant.

Barnie F. Winkelman, Philadelphia, Pa. (Benjamin A. Katz, Philadelphia, Pa., on the brief), for appellee.

Reargued before HASTIE, Chief Judge, and KALODNER, FORMAN, FREEDMAN, SEITZ, ALDISERT, STAHL and ADAMS, Circuit Judges.

OPINION OF THE COURT

STAHL, Circuit Judge.

This is an appeal from a decision of the district court1 which affirmed an order of the referee in bankruptcy granting seller's reclamation petition for equipment sold to the bankrupt, Dennis Mitchell Industries, Inc. The facts relevant to this controversy are as follows.

Factual Background

The bankrupt, a manufacturer and distributor of metal and plastic products...

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