In the Matter of Samuels & Co., Inc., Bankrupt. Curtis R. Stowers v. James S. Mahon, Trustee, and C. I. T. Corporation

(dissenting) :

I am unable to join with the majority in their decision that the Packers & Stockyards Act, 7 U.S.C. § 181 et seq., and the regulations issued thereunder, prevail over the Uniform Commercial Code by imposing a trust upon proceeds of sale of meat products processed from cattle carcasses delivered by the sellers, thus entitling the sellers to recover as beneficiaries of the trust. Neither the general scope of the Act nor the specific regulations relied upon support the majority’s conclusion. Prior cases in this circuit and elsewhere have rejected contentions that with respect to…