IN RE LUTHER

No. 71-1532.

465 F.2d 19 (1972)

In the Matter of Bernard George LUTHER, whose wife is Virginia Marie Luther, Bankrupt. Ruth TIRK, Creditor-Appellant, v. Robert A. SOUTHWELL, Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 9, 1972.


Attorney(s) appearing for the Case

George W. Young (argued), William J. Powell, Spokane, Wash., for appellant.

Robert A. Southwell (argued), Spokane, Wash., Curtis L. Shoemaker, Spokane, Wash. (for claimant Carlson).

Richard G. McBroom (for Bankrupt), Spokane, Wash., for appellee.

Before HAMLEY, HUFSTEDLER, and GOODWIN, Circuit Judges.


ALFRED T. GOODWIN, Circuit Judge:

Ruth Tirk appeals from a judgment affirming a bankruptcy referee's order which invalidated certain provisions of a title-retaining sales contract. We affirm.

On June 26, 1964, Mrs. Tirk and her late husband sold their hardware business to Mr. and Mrs. Stanley Carlson, Jr., and used a conditional sales contract to secure the unpaid balance of the purchase price. The contract included the store's stock of inventory and certain...

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