Herbert Tepper v. Frank H. Chichester, Trustee in Bankruptcy of the Estate of Bennett-Manning Co., Bankrupt

My inability to concur in the opinion .■stems from my disagreement with the •opinion’s basic holding to the effect that the rights of the appellant are not to be judged by reference to California law •but that in some manner, not spelled out in the opinion, the federal bankruptcy act makes the California law inapplicable.

Thus the opinion states “If bankruptcy ihad not intervened, the appellant might have been entitled to reclaim his prop-erty.” (Here citing California decisions.) Then it proceeds to state that the provisions of the Bankruptcy Act '“are superior to all state laws upon the…