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IN RE CONTINENTAL FIRE TRUCKS, INC.

Bankruptcy No. 81-539-L, Adv. No. 81-0499-L.

33 B.R. 713 (1983)

In re CONTINENTAL FIRE TRUCKS, INC., Debtor. CONTINENTAL FIRE TRUCKS, INC., Plaintiff, v. JOHN GRAPPONE, INC., Defendant.

United States Bankruptcy Court, D. Massachusetts.

October 12, 1983.

Attorney(s) appearing for the Case

Frank A. Crosson, Peter B. McGlynn, Richmond, Rosen, Crosson & Resnek, Boston, Mass., for plaintiff.

Ernest T. Smith, III, Upton, Sanders & Smith, Concord, N.H., for defendant.

MEMORANDUM AND ORDER

THOMAS W. LAWLESS, Chief Judge.

ISSUE

Whether title passed and a sale occurred when John Grappone, Inc. delivered a Ford C8000 chassis to Continental Fire Trucks, Inc. on or about July 8 or July 30, 1980, notwithstanding the retention of the certificate of origin by John Grappone, Inc.?

BACKGROUND

On January 2, 1980, Continental Fire Trucks, Inc. (Continental), a manufacturer of fire trucks, issued purchase...

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