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IN RE MID-TOWN PRODUCE TERMINAL, INC.

No. 78-1112.

599 F.2d 389 (1979)

In re MID-TOWN PRODUCE TERMINAL, INC., Bankrupt. G. J. SINCLAIR, Plaintiff-Appellant, v. James R. BARR, Trustee, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided May 30, 1979.

Attorney(s) appearing for the Case

Paul M. Buchanan, Wichita, Kan. (Curfman, Brainerd, Harris, Bell, Weigand & Depew, Wichita, Kan., with him on the brief), for plaintiff-appellant.

Frank R. Cobb, Wichita, Kan., for creditors-appellees.

James R. Barr, Wichita, Kan., filed a brief for defendant-appellee.

Before HOLLOWAY, DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This is an appeal from an order of the district court partially affirming and modifying a decision of the bankruptcy judge denying G. J. Sinclair's reclamation complaint on a promissory note and security interest in accounts receivable of the bankrupt Mid-Town Produce Terminal, Inc. (Mid-Town). The district court allowed the claim on the promissory note but subordinated it to all other creditors' claims, and denied the security interest.

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