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DuBAY v. WILLIAMS

Nos. 22507, 22507-A and 22507-B.

417 F.2d 1277 (1969)

R. Anthony DuBAY, Appellant, v. Everette H. WILLIAMS, Appellee. Everette H. WILLIAMS, Appellant, v. ROSE CITY DEVELOPMENT CO., Inc., Appellee. Robert J. DAVIS, Appellant, v. Everette H. WILLIAMS, Appellee.

United States Court of Appeals Ninth Circuit.

August 20, 1969.

Attorney(s) appearing for the Case

Don S. Willner (argued) of Willner, Bennett & Leonard, Portland, Or., for appellant DuBay.

Boyd J. Long (argued) of Boyrie, Miller & Long, Portland, Or., and George M. Treister (argued) of Quittner, Stutman, Treister & Glatt, Los Angeles, Cal., for appellee trustee.

Sussman, Shank & Wapnick, Portland, Or., for appellant Davis.

Robert Haydock, Jr., Boston, Mass. (argued) Bullivant, Dezendorf & McKeown, Portland, Or., for amicus curiae Oregon Commissioners on Uniform State Laws.

Severson, Werson, Berke & Bull, James B. Werson, San Francisco, Cal., for amicus curiae National Commercial Finance Conference, Inc.

Before BARNES and HUFSTEDLER, Circuit Judges, and JAMESON, District Judge.

HUFSTEDLER, Circuit Judge:

Before us are three appeals from orders of the United States District Court for the District of Oregon adjudicating the claims of three creditors asserting security interests in the net proceeds of accounts receivable of the Portland Newspaper Publishing Co., Inc. (the "Bankrupt"). The three creditors are Rose City Development Company, Inc. ("Rose City"), Robert J. Davis, and R. Anthony DuBay. The Referee disallowed all three claims as preferences...

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