In the Matter of RELIABLE DRUG STORES, INC., et al., Debtors.
Bindley Western Industries, Inc., Appellant.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued November 2, 1995.
Decided November 30, 1995.
Attorney(s) appearing for the Case
James M. Carr (argued), Wendy W. Ponader, Baker & Daniels, Indianapolis, IN, for Bindley Western Industries, Incorporated.
Steven H. Ancel, Paul Deignan (argued), Ancel & Dunlap, Indianapolis, IN, for Reliable Drug Stores, Incorporated, Drug Fair, Incorporated, H.A. Woods Drug Company, Midwest Reliable Incorporated, PDI of Indiana, Incorporated, Reliable Illinois, Incorporated.
Steven H. Ancel, Ancel & Dunlap, Indianapolis, IN, for Reliable of Kansas, Incorporated.
Alan Kornberg, Andrew N. Rosenberg, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for Acadia Partners, Limited Partnership.
Thomas C. Scherer, Bingham, Summers, Welsh & Spilman, Indianapolis, IN, Daniel M. Pelliccioni, David E. Van Iderstine, Jr. (argued), Michael J. Loesberg, Katten, Muchen, Zavis & Weitzman, Los Angeles, CA, for Bank of America National Trust and Savings Association.
Elliot D. Levin, Rubin & Levin, Indianapolis, IN, Stuart E. Hertzberg, Pepper, Hamilton & Scheetz, Detroit, MI, for Official Unsecured Creditors Committee.
Before COFFEY, FLAUM, and EASTERBROOK, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
EASTERBROOK, Circuit Judge.
Shortly before Reliable Drug Stores entered bankruptcy, Bindley Western Industries sold it more than a million dollars worth of goods. Bindley did not demand payment in advance, arrange for a letter of credit, or take a purchase-money security interest under § 9-312 of the Uniform Commercial Code, which Indiana (whose law governs) has adopted as I.C. § 26-1-9-312. (For simplicity we omit the "I.C. § 26-1" prefix from other...
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