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IN RE PRODUCTION STEEL, INC.

Bankruptcy No. 382-01255, Adv. No. 382-0313.

21 B.R. 951 (1982)

In re PRODUCTION STEEL, INC., Debtor-in-Possession. COWLES TOOL COMPANY, Plaintiff, v. PRODUCTION STEEL, INC., Defendant.

United States Bankruptcy Court, M.D. Tennessee, Nashville Division.

July 30, 1982.

Attorney(s) appearing for the Case

M. Edward Owens, Jr., Chambers, Johnson, Wyckoff & Beckner, Nashville, Tenn., for debtor-in-possession.

John C. Hess, Steltemeier & Westbrook, Nashville, Tenn., for plaintiff.

MEMORANDUM1

KEITH M. LUNDIN, Bankruptcy Judge.

The issue presented is whether a seller of goods asserting a statutory right of reclamation who fails to make timely demand on the debtor is entitled to relief from the stay to reclaim under state law. For the reasons stated below, the court finds that failure to allege the elements of a right of reclamation under applicable law is fatal...

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