MATTER OF E. A. FRETZ CO., INC.

No. 75-2520.

565 F.2d 366 (1978)

In the Matter of E. A. FRETZ COMPANY, INC., Bankrupt. REPUBLIC NATIONAL BANK OF DALLAS, Appellant, v. Carl S. FITZGERALD, Trustee, et al., Appellees.

United States Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing March 9, 1978.


Attorney(s) appearing for the Case

Gordon H. Rowe, Jr., Dallas, Tex., for appellant.

Vernon O. Teofan, A. L. Vickers, Dallas, Tex., for Revlon, Inc. et al.

Before BROWN, Chief Judge, HILL and FAY, Circuit Judges.


JOHN R. BROWN, Chief Judge:

This appeal presents a flood of interesting questions. The most intriguing issue is whether the Uniform Commercial Code, construed in light of the policies underlying the Bankruptcy Act, permits the use of "floating secured parties" in secured transactions. Under the bizarre facts of this case, we hold that it does not and reverse.

Diving Into The UCC Sea

On April 3, 1971, E. A. Fretz Co., Inc. (Fretz), a Texas...

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