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SWANSON v. COMMERCIAL ACCEPTANCE CORPORATION

No. 20908.

381 F.2d 296 (1967)

Erle G. SWANSON and Helen F. Swanson, Appellants, v. COMMERCIAL ACCEPTANCE CORPORATION, Appellee.

United States Court of Appeals Ninth Circuit.

June 23, 1967.

Attorney(s) appearing for the Case

Denton G. Burdick, Jr., Hutchinson, Schwab & Burdick, Portland, Or., for appellants.

Borden F. Beck, Jr., Black & Apicella, Portland, Or., for appellee.

Before HAMLIN, BROWNING, and ELY, Circuit Judges.

BROWNING, Circuit Judge:

Erle G. Swanson and his wife filed this diversity action against The Fuline Corporation and the Commercial Acceptance Corporation seeking rescission of two promissory installment notes executed by the Swansons in part payment of the purchase price of sixty Fuline automatic hot drink dispensing machines, together with chattel mortgages on the machines securing the notes. The notes and mortgages are held by Commercial. The claim for rescission...

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