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BURROUGHS CORPORATION v. BARRY

No. 18521.

380 F.2d 427 (1967)

BURROUGHS CORPORATION, Appellant, v. Richard H. BARRY, as Trustee in Bankruptcy of Dalco American Enterprises, Inc., Bankrupt.

United States Court of Appeals Eighth Circuit.

July 11, 1967.

Attorney(s) appearing for the Case

David T. DeMars, of Conmy, Conmy & Feste, Fargo, N.D., for appellant.

Lowell W. Lundberg, of Tenneson, Serkland, Lundberg & Erickson, Fargo, N. D., for appellee.

Before MATTHES, LAY and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

This is an appeal by the Burroughs Corporation seeking to reverse a decision of the Referee in Bankruptcy (affirmed by the United States District Court) holding that a Burroughs Typing Sensimatic Business Machine in possession of Dalco American Enterprises, Inc., was the property of the Trustee, free and clear of any claims by Burroughs.

On February 13, 1963, Dalco negotiated and signed an agreement with Burroughs for the purchase of...

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