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OLIVER MACHINERY COMPANY v. BISSELL

No. 13622.

261 F.2d 596 (1958)

OLIVER MACHINERY COMPANY, Appellant, v. Wadsworth BISSELL, Receiver of Valley City Furniture Co., Appellee.

United States Court of Appeals Sixth Circuit.

December 19, 1958.

Attorney(s) appearing for the Case

Oscar E. Waer, Harrington, Waer, Cary & Martin, Grand Rapids, Mich., for appellant.

Stephen W. Karr, Luyendyk, Hainer, Hillman, Karr & Dutcher, Grand Rapids, Mich., for appellee.

Before ALLEN, Chief Judge, MILLER, Circuit Judge, and FREEMAN, District Judge.

PER CURIAM.

The sole issue on this appeal is whether appellant's chattel mortgage, filed four days after it was executed, and which is admittedly void as to an actual interim creditor, is also void in its entirety as to the receiver and all other creditors of the debtor in an arrangement under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq. The decision of this issue involves the construction of a Michigan...

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