Legal Opinion

In the Matter of Yale Express System, Inc., Debtor. Fruehauf Corporation v. Yale Express System, Inc.

Court of Appeals for the Second Circuit

Decided November 8, 1967No. 125, Docket 31567PublishedCited by 31 opinions

1Opinion of the Court

IRVING R. KAUFMAN, Circuit Judge:

When we reversed the District Judge’s prior ruling on Fruehauf Corporation’s [Fruehauf] application for reclamation, 1 we did so because we believed too much reliance had been placed, on In re Lake’s Laundry, 79 F.2d 326 (2d Cir. 1933). We expressed the view that the ratio decidendi of that case had been undermined by the adoption in virtually every state of the Uniform Commercial Code which was “well on its way to becoming a truly national law of commerce” United States v. Wegematic Corp., 360 F.2d 674, 676 (2d Cir. 1966). Accordingly, we remanded so that…

2Cases cited4 opinions

  1. United States v. Wegematic CorporationCourt of Appeals for the Second Circuit · 1966
  2. In Re Lake's Laundry, Inc.Court of Appeals for the Second Circuit · 1935
  3. In Re New York, New Haven & Hartford R. Co.Court of Appeals for the Second Circuit · 1945
  4. In the Matter of Yale Express System, Inc., Debter. Fruehauf Corporation v. Yale Express SystemCourt of Appeals for the Second Circuit · 1966

3Cited by31 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  3. In Re BoothUnited States Bankruptcy Court, D. Utah · 1982
  4. Matter of CrockettUnited States Bankruptcy Court, N.D. Illinois · 1980
  5. In Re CallisterUnited States Bankruptcy Court, D. Utah · 1981

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