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IN RE MGS MARKETING

BAP No. NC-89-1054 VMeMo, Bankruptcy Nos. 586-06394-WCM, 586-06361-WCM, Adv. No. 88-0153.

111 B.R. 264 (1990)

In re MGS MARKETING, Debtor. CAM/RPC ELECTRONICS, Appellant, v. Jerome E. ROBERTSON, Trustee, Appellee.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided February 26, 1990.

Attorney(s) appearing for the Case

John A. Butler, III, Campeau & Thomas, San Jose, Cal., for appellant.

Richard Lenkelis, Menlo Park, Cal., for appellee.

Before VOLINN, MEYERS and MOOREMAN, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge:

OVERVIEW

The debtor purchased computer chips on account from plaintiff-appellee CAM/RPC Electronics, Inc. ("CAM"), pre-petition, and has not paid the purchase price for them. Alleging detrimental reliance upon the debtor's alleged false financial statement, CAM sought either "reclamation" of the proceeds of computer chips, or the imposition of a constructive trust on those proceeds. The Trustee initially resisted...

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