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IN RE APOLLO TRAVEL, INC.

No. 77-1254.

567 F.2d 841 (1977)

In re APOLLO TRAVEL, INC., Bankrupt. REPUBLIC ACCEPTANCE CORPORATION, Appellant, v. T. Jay SALMEN, as Trustee, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 29, 1977.

Attorney(s) appearing for the Case

James S. Eriksson, Minneapolis, Minn., argued and on brief, for appellant.

T. Jay Salmen, St. Paul, Minn., argued and on brief, for appellee.

Before GIBSON, Chief Judge, BRIGHT, Circuit Judge, and TALBOT SMITH, Senior District Judge.

GIBSON, Chief Judge.

This appeal presents a single difficult but interesting question arising under the Uniform Commercial Code1 and its interaction with the bankruptcy laws. Republic Acceptance Corporation (Republic) seeks to recover from the trustee in bankruptcy a debt of the bankrupt, Apollo Travel, Inc. (Apollo), for breach of warranty of title and attorney fees in defending the title to checks and other negotiable instruments received...

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