Legal Opinion

Johnston & Murphy Shoes, Inc. v. Meinhard Commercial Corp.

Court of Appeals for the Sixth Circuit

Decided December 3, 1968No. 18212PublishedCited by 2 opinions

1Opinion of the Court

O’SULLIVAN, Circuit Judge.

We consider the appeal of Johnston & Murphy Shoes, Inc., from a judgment of the District Court for the Western District of Kentucky holding that such company’s right to reclaim a shipment of shoes from an insolvent purchaser — Mel Golde Shoes, Inc. — under the Uniform Commercial Code of Kentucky, K.R.S. § 355.2-702(2),1 was subordinate to attachments levied thereon by creditors of such debtor-purchaser. The judgment of the District Court vacated a contrary holding by the Bankruptcy Referee.

On January 23, 1967, Johnston & Murphy Shoes, Inc., delivered a shipment of…

2Cases cited2 opinions

  1. In re KravitzCourt of Appeals for the Third Circuit · 1960
  2. In Re MonsonDistrict Court, W.D. Kentucky · 1955

3Cited by2 opinions

  1. In The Matter Of Mel Golde Shoes, Inc., DebtorCourt of Appeals for the Sixth Circuit · 1968
  2. In the Matter of Bel Air Carpets, Inc., Dba Tiffany Carpets, Bankrupt. Joseph Potts, Trustee-Appellant v. Mand Carpet MillsCourt of Appeals for the Ninth Circuit · 1971

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