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UNIROYAL, INC. v. UNIVERSAL TIRE & AUTO SUPPLY CO.

No. 77-1058.

557 F.2d 22 (1977)

UNIROYAL, INC., Plaintiff, Appellant, v. UNIVERSAL TIRE & AUTO SUPPLY CO., d/b/a Universal Tire Co., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 20, 1977.

Attorney(s) appearing for the Case

Irving Karg, Boston, Mass., with whom Wasserman & Salter, Boston, Mass., was on brief, for appellant.

Thomas J. Raftery, Boston, Mass., with whom Choate, Hall & Stewart, Boston, Mass., was on brief, for appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and DOOLING, District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

The sole issue in this case is whether Uniroyal, Inc. is entitled to be recognized as a lien creditor with respect to the assignees for the benefit of creditors of the debtor, Universal Tire and Auto Supply Co., Inc. It is undisputed that Uniroyal, after entering into a financing agreement with Universal, filed in January 1976, a financing statement with both the Clerk of the City of Boston and the Secretary of the Commonwealth of...

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