Legal Opinion

M. Charles Sterne, as Trustee for Delta Molded Products, Inc., a Bankrupt v. Improved MacHinery Inc.

Court of Appeals for the Fifth Circuit

Decided April 24, 1978No. 76-3334PublishedCited by 21 opinions

1Per curiam

In 1974 Delta Molded Products, Inc. filed a petition for an arrangement under Chapter XI of the Bankruptcy Act in the U. S. District Court for the Northern District of Alabama. Delta was allowed to continue business as Debtor in Possession.

The present controversy grows out of a reclamation petition filed in May, 1974 by Improved Machinery, Inc. (IMPCO) seeking recovery of eight plastic molding machines and certain other equipment which had been manufactured by IMPCO and sold to Delta. The facts are recited in detail in the published opinion of the district court which appears at 416 F.Supp.…

2Cases cited2 opinions

  1. Improve MacHinery Inc. v. Delta Molded Products, Inc.District Court, N.D. Alabama · 1976
  2. Trax, Inc. v. TidmoreCourt of Civil Appeals of Alabama · 1977

3Cited by21 opinions

  1. Johnson v. Mpl Leasing CorporationSupreme Court of Alabama · 1983
  2. Foxco Industries, Ltd. v. Fabric World, Inc.Court of Appeals for the Fifth Circuit · 1979
  3. Wallace Const. Co. v. Industrial Boiler Co.Supreme Court of Alabama · 1985
  4. In Re James Estil Atchison, Sr. & Ruth Atchison, Debtors. Merchants Bank v. James Estil Atchison, Sr. And Ruth AtchisonCourt of Appeals for the Eleventh Circuit · 1987
  5. SANWA BUSINESS CR. CORP. v. GB" Boots" Smith Corp.Supreme Court of Alabama · 1989

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