Legal Opinion
In the Matter of Federal's Inc., a Michigan Corporation, Debtor. Appeal of Matsushita Electric Corporation of America
Court of Appeals for the Sixth Circuit
Decided June 14, 1977No. 75-2490PublishedCited by 36 opinions
1Opinion of the Court
ENGEL, Circuit Judge.
In this appeal we consider whether Section 2-702(2) of the Uniform Commercial Code, as enacted in Michigan, grants to a seller of goods a right of reclamation superior to the right of the insolvent buyer’s trustee in bankruptcy and if so, whether that right must be invalidated as conflicting with Sections 64 and 67c(l)(A) of the Bankruptcy Act. 11 U.S.C. §§ 104 and 107c(l)(A). The questions raised have been the subject of frequent academic discussion 1 and at least one article has focused directly on the instant case. 2
The facts were stipulated in the district court. On…
2Cases cited27 opinions
- Bernard v. Beneficial Finance Co.Supreme Court of the United States · 1969
- Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
- United States v. Wegematic CorporationCourt of Appeals for the Second Circuit · 1966
- Constance v. HarveyCourt of Appeals for the Second Circuit · 1954
- M. W. O'rieley, Trustee in Bankruptcy of Woerderhoff Shoe Co., Inc. v. Endicott-Johnson CorporationCourt of Appeals for the Eighth Circuit · 1961
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3Cited by36 opinions
- In the Matter of Glasco, Inc., D/B/A Elite Boat Company, Bankrupt. Earl T. Brushwood, Trustee v. Citizens Bank of Perry, a Banking CorporationCourt of Appeals for the Fifth Circuit · 1981
- In Re Elmer Walter Dorla Walter, Debtors. United States of America v. John J. Hunter, TrusteeCourt of Appeals for the Sixth Circuit · 1995
- McCain Foods, Inc. v. Flagstaff Foodservice Co. (In Re Flagstaff Foodservice Corp.)United States Bankruptcy Court, S.D. New York · 1981
- Harris Trust & Savings Bank v. Wathen's Elevators, Inc. (In Re Wathen's Elevators, Inc.)United States Bankruptcy Court, W.D. Kentucky · 1983
- In Re Mill Concepts Corp.United States Bankruptcy Court, D. Massachusetts · 1991
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