Legal Opinion

In the Matter of Devita Fruit Company, Bankrupt, Quentin M. Derryberry Ii, Trustee v. Fca Leasing Corporation

Court of Appeals for the Sixth Circuit

Decided February 13, 1973No. 72-1520PublishedCited by 28 opinions

1Opinion of the Court

PHILLIPS, Chief Judge.

This is a reclamation action brought by the FCA Leasing Corporation (FCA) against the Trustee in Bankruptcy for the DeVita Fruit Company (DeVita) of Lima, Ohio, to recover certain citrus packing equipment. The Referee in bankruptcy found in favor of the Trustee. The District Court reversed. We affirm the conclusion reached by the District Court.

The facts were stipulated. On February 18, 1969, a conditional’sales contract was entered into by DeVita with the Kipers Packaging Equipment Company (Kipers), the original seller, for the sale of the equipment. The agreement…

2Cases cited9 opinions

  1. Evans Products Co. v. JorgensenOregon Supreme Court · 1966
  2. In Re the Atlanta Times, Inc.District Court, N.D. Georgia · 1966
  3. Walter D. Sanders, Trustee in Bankruptcy for the Atlanta Times, Inc., Bankrupt v. National Acceptance Company of AmericaCourt of Appeals for the Fifth Circuit · 1967
  4. Walter D. Sanders, Trustee in Bankruptcy for the Atlanta Times, Inc., Bankrupt v. Commercial Credit CorporationCourt of Appeals for the Fifth Circuit · 1968
  5. Anderson v. First Jacksonville BankSupreme Court of Arkansas · 1968

4 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. American Standard Credit, Inc. v. National Cement Co., Programming and Systems, Inc., International Computer Corp.Court of Appeals for the Fifth Circuit · 1981
  2. Lindsey v. Cryts (In Re Cox Cotton Co.)District Court, E.D. Arkansas · 1982
  3. Consumer Lease Network, Inc. v. Puckett (In Re Puckett)United States Bankruptcy Court, M.D. Tennessee · 1986
  4. Third Nat. Bk., Nashville v. Hardi-Gardens Sup. of Ill., Inc.District Court, M.D. Tennessee · 1974
  5. United States v. Lonnie Banks and Alexander HepburnCourt of Appeals for the Fifth Circuit · 1973

23 more not listed; retrieve them via the Exa API.

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