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NASHUA MANUFACTURING CO. v. HOOPER TRAILER SALES, INC.

No. 24009.

445 F.2d 1321 (1971)

NASHUA MANUFACTURING COMPANY, Appellant, v. HOOPER TRAILER SALES, INC., et al., Bankrupts, Appellees.

United States Court of Appeals, Ninth Circuit.

June 24, 1971.

Attorney(s) appearing for the Case

Steve Butler (argued), Frank B. Morgan, of Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., for appellant.

Robert E. Bakes (argued), of Bakes & Ward, Boise, Idaho, Issie Jenkins (argued), Lee A. Jackson, Meyer Rothwacks, Ann E. Belanger, Attys., Johnnie M. Walters, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Anderson, Kaufman, Anderson & Ringert, Boise, Idaho, Sherman F. Furey, Jr., U. S. Atty., Clarence D. Suiter, Asst. U. S. Atty., Boise, Idaho, for appellees.

Before HAMLIN, DUNIWAY and WRIGHT, Circuit Judges.

DUNIWAY, Circuit Judge:

This case presents a single question: whether the failure of an assignee of accounts receivable to use the filing provisions of the Idaho Assignment of Accounts Receivable Act, Idaho Code Title 64, ch. 9, particularly the annual refiling provision of § 64-903(2), renders the assignment void as against creditors, including the trustee in bankruptcy of the assignor, even though the assignee had given notice of the assignment to the account...

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