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STERNE v. IMPROVED MACHINERY, INC.

No. 76-3334.

571 F.2d 957 (1978)

M. Charles STERNE, as Trustee for Delta Molded Products, Inc., a Bankrupt, Appellant, v. IMPROVED MACHINERY, INC., Appellee.

United States Court of Appeals, Fifth Circuit.

April 24, 1978.

Attorney(s) appearing for the Case

Charles Cleveland, Wilbur G. Silberman, Rodney A. Max, Birmingham, Ala., for appellant.

Douglas P. Corretti, George I. Case, Jr., Birmingham, Ala., J. P. Janetatos, Washington, D. C., for appellee.

Before WISDOM, TJOFLAT and VANCE, Circuit Judges.

PER CURIAM:

In 1974 Delta Molded Products, Inc. filed a petition for an arrangement under Chapter XI of the Bankruptcy Act in the U. S. District Court for the Northern District of Alabama. Delta was allowed to continue business as Debtor in Possession.

The present controversy grows out of a reclamation petition filed in May, 1974 by Improved Machinery, Inc. (IMPCO) seeking recovery of eight plastic molding machines...

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