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WITMER v. KLEPPE

No. 72-1419.

469 F.2d 1245 (1972)

Kenneth WITMER, d.b.a. Witmer Foods, Appellant, v. Thomas S. KLEPPE, Administrator of the Small Business Administration, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 7, 1972.

Attorney(s) appearing for the Case

Richard E. Rowe, Morgantown, W. Va. (Wilson, Frame & Rowe, Morgantown, W. Va., on brief), for appellant.

Michael Kimmel, Atty., Dept. of Justice (Harlington Wood, Jr., Asst. Atty. Gen., Paul C. Camilletti, U. S. Atty. for the N. D. of W. Va., and Alan S. Rosenthal, Atty., Dept. of Justice, on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and CRAVEN and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

The critical issue in this appeal is whether Kenneth Witmer's contract with Wit-Mor Foods, Inc. created a security interest within the meaning of Article 9 of the Uniform Commercial Code.1 The district court, describing the transaction as a conditional sale, held that it did. The court also ruled that Witmer's failure to perfect his security interest subordinated it to the perfected security interest of the Small...

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