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Legal Opinion

In Re Apollo Travel, Inc., Bankrupt. Republic Acceptance Corporation v. T. Jay Salmen, as Trustee

Court of Appeals for the Eighth Circuit

Decided December 29, 1977No. 77-1254PublishedCited by 8 opinions

1Opinion of the Court

GIBSON, Chief Judge.

This appeal presents a single difficult but .interesting question arising under the Uniform Commercial Code 1 and its interaction with the bankruptcy laws. Republic Acceptance Corporation (Republic) seeks to recover from the trustee in bankruptcy a debt of the bankrupt, Apollo Travel, Inc. (Apollo), for breach of warranty of title and attorney fees in defending the title to checks and other negotiable instruments received by Apollo from its customers in payment of travel arrangements and transferred to Republic in payment of advances made to Apollo. The .trustee has in his…

2Cases cited5 opinions

  1. Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
  2. In Re Continental Vending MacHine Corp. And Continental Apco, Inc., Debtors. James Talcott, Inc. v. Irving L. Wharton, TrusteeCourt of Appeals for the Second Circuit · 1976
  3. In Re RivetDistrict Court, E.D. Michigan · 1969
  4. Sequoia MacHinery Inc., a Corporation, and Kaweah Company, a Corporation v. J. Roderick Jarrett, Trustee of the Estate of James C. Clark, BankruptCourt of Appeals for the Ninth Circuit · 1969
  5. Westerlund v. PetersonSupreme Court of Minnesota · 1923

3Cited by8 opinions

  1. In Re Windsor Communications Group, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1985
  2. Dick Warner Cargo Handling Corporation, Cross-Appellee v. Aetna Business Credit, Inc., Cross-AppellantCourt of Appeals for the Second Circuit · 1984
  3. In Re CavalieriUnited States Bankruptcy Court, E.D. Pennsylvania · 1992
  4. Dick Warner Cargo Handling Corp. v. Aetna Business Credit, Inc.Court of Appeals for the Second Circuit · 1983
  5. United States v. Lincoln Savings Bank (In Re Commercial Millwright Service Corp.)United States Bankruptcy Court, N.D. Iowa · 1998

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