Legal Opinion

Champion International Corp. v. Davidson Lumber Co. (In Re Davidson Lumber Co.)

United States Bankruptcy Court, S.D. Florida.

Decided July 16, 1982No. 18-24584PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

The seller of goods seeks reclamation of goods under 11 U.S.C. § 546(c). (C.P. No. 1). The debtor has answered and has asserted an affirmative defense. (C.P. No. 3). The matter was tried on July 15.

The relief sought in the complaint is based on § 2-702 of the Uniform Commercial Code (§ 672.702, Florida Statutes, 1981). In support of its claim, plaintiff Champion International Corp. alleges that it sold and delivered goods to Davidson Lumber Company; that at the time of the sale Davidson was insolvent; that the seller made a timely written…

2Cases cited2 opinions

  1. McCain Foods, Inc. v. Flagstaff Foodservice Co. (In Re Flagstaff Foodservice Corp.)United States Bankruptcy Court, S.D. New York · 1981
  2. R. J. Reynolds Tobacco Co. v. Eli Witt Co. (In Re Eli Witt Co.)United States Bankruptcy Court, M.D. Florida · 1981

3Cited by7 opinions

  1. In Re Rawson Food Service, Inc., Debtor. Flav-O-Rich, Inc., Cross-Appellee v. Rawson Food Service, Inc., Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1988
  2. American Saw & Mfg. Co. v. Bosler Supply Group (In Re Bosler Supply Group)District Court, N.D. Illinois · 1987
  3. Pillsbury Co. v. FCX, Inc. (In Re FCX, Inc.)United States Bankruptcy Court, E.D. North Carolina · 1986
  4. Ohio Farmers Grain & Supply Ass'n v. Melvin Liquid Fertilizer Co. (In Re Melvin Liquid Fertilizer Co.)United States Bankruptcy Court, S.D. Ohio · 1984
  5. Oliver Rubber Co. v. Griffin Retreading Co., Inc.District Court, D. Minnesota · 1985

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