IN RE SITKIN SMELTING & REFINING, INC.

No. 80-7892 Summary Calendar.

648 F.2d 252 (1981)

In re SITKIN SMELTING & REFINING, INC., Bankrupt. WESGO DIVISION OF GTE PRODUCTS CORPORATION et al., Plaintiffs-Appellants, v. G.M. HARRISON, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied August 11, 1981.


Attorney(s) appearing for the Case

Mayer W. Perloff, Perloff, Reid & Gibbons, Mobile, Ala., for Wesgo.

Jonathan N. Helfat, Otterbourg, Steindler, Houston & Rosen, New York City, G. M. Harrison, Sr., Trustee and Merrill & Harrison, Dothan, Ala., for Harrison and Siegel.

Johnston, Barton, Proctor, Swedlaw & Naff, Sydney Lavender, Gilbert E. Johnston, Jr., Birmingham, Ala., for C.I.T.

Before RONEY, HENDERSON and ANDERSON, Circuit Judges.


RONEY, Circuit Judge:

This case presents a single issue: whether the bankruptcy court erred in holding that scrap material in the possession of a bankrupt metal refiner should be given to a secured creditor of the refiner rather than to the seller of the scrap. This turns on the correctness of the court's findings of a contract for sale rather than a bailment. We affirm.

Prior to its bankruptcy, Sitkin Smelting and Refining was in the business of processing...

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