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IN RE SHINAULT LUMBER PRODUCTS, INC.

No. 30637.

440 F.2d 121 (1971)

In the Matter of SHINAULT LUMBER PRODUCTS, INC. Fred A. HOERNER, d/b/a Bee-Kay Associates, Petitioner-Appellant, v. Andrew C. BAKER, Trustee in Bankruptcy of Shinault Lumber Products, Inc., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 12, 1971.

Attorney(s) appearing for the Case

John B. Clark, Jackson, Miss., for petitioner-appellant.

Leon L. Porter, Jr., Clarksdale, Miss., John T. Campbell, Memphis, Tenn., for respondent-appellee.

Before RIVES, THORNBERRY and CLARK, Circuit Judges.

CLARK, Circuit Judge:

The claimant of personal property appeals from the district court's affirmance of an order by the Referee in Bankruptcy which denied a petition to reclaim personal property under an asserted lien established by a pre-bankruptcy contract between the bankrupt corporation and the claimant. Even though the Referee found that the contracting parties intended to enter into a retained title agreement and despite...

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