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DeVITA FRUIT COMPANY v. FCA LEASING CORPORATION

No. 72-1520.

473 F.2d 585 (1973)

In the Matter of DeVITA FRUIT COMPANY, Bankrupt, Quentin M. Derryberry II, Trustee, Appellant, v. FCA LEASING CORPORATION, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 13, 1973.

Attorney(s) appearing for the Case

Quentin M. Derryberry II, Trustee, Lima, Ohio, for appellant.

Arnold F. Bunge, Jr., Toledo, Ohio, for appellee.

Before PHILLIPS, Chief Judge, and PECK, Circuit Judge, and O'SULLIVAN, Senior Circuit Judge.

PHILLIPS, Chief Judge.

This is a reclamation action brought by the FCA Leasing Corporation (FCA) against the Trustee in Bankruptcy for the DeVita Fruit Company (DeVita) of Lima, Ohio, to recover certain citrus packing equipment. The Referee in bankruptcy found in favor of the Trustee. The District Court reversed. We affirm the conclusion reached by the District Court.

The facts were stipulated. On February 18, 1969, a conditional sales contract was entered...

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