Seiberling Rubber Company v. Leon Rednor, Trustee in Bankruptcy of the Estate of Consumer Mart of America, Inc., Dba C.M.A., Bankrupt

This is an appeal from a decision of the United States District Court for the District of Arizona, in a Chapter 11 bankruptcy proceeding. See 11 U.S.C. § 701 et seq. The bankrupt is Consumer Mart of America, Inc., dba C.M.A. The appellant, Seiberling, filed, in the bankruptcy proceeding, a Petition for Reclamation of property which, Seiberling claims, belongs to it but is in the possession of the trustee in bankruptcy. The petition was opposed, hearings were held before a Referee in Bankruptcy, who denied the petition. Seiberling filed a Petition for Review of the Order of the Referee by the District Judge. The District Judge entered an order denying the petition and affirming the order of the Referee. Seiberling has appealed to this court from that decision.

C.M.A. owned a number of shopping centers in several states. It granted licenses to various types of businesses to locate and operate in these shopping centers. Seiberling, a manufacturer of rubber products, took six such licenses from C.M.A. licensing Seiberling to construct automobile service stations in six of C.M.A.’s shopping centers, located in California, Arizona, Illinois and Florida. The terms of the six licenses…