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CLARK EQUIPMENT CO. v. ARMSTRONG EQUIPMENT CO.

No. 28725.

431 F.2d 54 (1970)

CLARK EQUIPMENT COMPANY et al., Plaintiffs-Appellees, v. ARMSTRONG EQUIPMENT COMPANY et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 1, 1970.

Attorney(s) appearing for the Case

William G. West, Jr., Morris K. Sirote, Birmingham, Ala., for appellants; Sirote, Permutt, Friend & Friedman, Birmingham, Ala., of counsel.

James C. Barton, Charles L. Robinson, Birmingham, Ala., for appellees, Clark Equipment Company, and others; Deramus & Johnston, Birmingham Ala., of counsel.

Before JONES, WISDOM and COLEMAN, Circuit Judges.

JONES, Circuit Judge:

In 1965 the State of Alabama enacted the Uniform Commercial Code, Code of Alabama, Title 7A, to become effective January 1, 1967. Among its provisions is the following:

"Default; procedure when security agreement covers both real and personal property. — (1) When a debtor is in default under a security agreement, a secured party has the rights and remedies provided in this Part and except as limited by subsection (3) those...

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