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SANDERS v. COMMERCIAL CREDIT CORPORATION

No. 24304.

398 F.2d 988 (1968)

Walter D. SANDERS, Trustee in Bankruptcy for the Atlanta Times, Inc., Bankrupt, Appellant, v. COMMERCIAL CREDIT CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 9, 1968.

Attorney(s) appearing for the Case

B. D. Murphy, Frank T. Davis, Jr., Wayne Shortridge, Atlanta, Ga., for appellant.

Nolan B. Harmon, Newell Edenfield, Atlanta, Ga., for appellee.

Before COLEMAN and AINSWORTH, Circuit Judges, and CARSWELL, District Judge.

Rehearing En Banc Denied August 9, 1968.

CARSWELL, District Judge:

The principal issue here rather frequently recurs in bankruptcy proceedings and was the subject of this Court's opinion in Sanders v. National Acceptance Co., 383 F.2d 606 (5 Cir., 1967), involving the same bankrupt although a different creditor and a totally unrelated contract.

Do the particular transactions constitute a lease or a conditional sale...

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