In the Matter of Midwest Airmoving Corp., Bankrupt. Noll Equipment Company v. Theodore R. Spilka

ORDER.

This cause is on appeal from an order of the United States District Court for the Northern District of Ohio, Eastern Division, whereby the District Judge affirmed an order of the Referee in Bankruptcy. The order of the Referee held that a certain instrument denominated a lease was in fact a conditional sales contract; that it had not been recorded in the county wherein the machinery which was the subject of the contract was located, in accordance with the requirements of Section 1319.11, Ohio Revised Code; that by reason thereof the vendor, Noll Equipment Company, had no lien on the…