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SHERROCK v. COMMERCIAL CREDIT CORPORATION

277 A.2d 708 (1971)

Robert SHERROCK and Edward Sherrock, Co-partners trading as Sherrock Brothers, Plaintiffs, v. COMMERCIAL CREDIT CORPORATION, a Maryland corporation, Defendant.

Superior Court of Delaware, New Castle.

April 23, 1971.

Attorney(s) appearing for the Case

John M. Bader, Wilmington, for plaintiffs.

Arthur J. Sullivan and Daniel L. Twer, of Morris, James, Hitchens & Williams, Wilmington, for defendant.

STIFTEL, President Judge.

In the pretrial stage of the present litigation the question was raised whether plaintiffs could be considered a "buyer in ordinary course of business" so as to be brought within the protection of 5A Del.C. § 9-307(1), which reads, in pertinent part, as follows:

"A buyer in ordinary course of business (subsection (9) of Section 1-201) * * * takes free of a security interest created by his seller even though the security interest...

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