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HOLZMAN v. L. H. J. ENTERPRISES, INC.

No. 72-1208.

476 F.2d 949 (1973)

Lawrence HOLZMAN, Appellant, v. L. H. J. ENTERPRISES, INC., Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 15, 1973.

Attorney(s) appearing for the Case

Eric T. Lodge (argued), Theodore W. Graham, Luce, Forward, Hamilton & Scripps, San Diego, Cal., for appellant.

James W. Hodges (argued), Herbert Katz, Hinchy, Katz, Witte, Wood & Anderson, Leland Featherman, San Diego, Cal., for appellee.

Before MERRILL and KILKENNY, Circuit Judges, and TAYLOR, District Judge.

MERRILL, Circuit Judge:

In this appeal from order of a referee in bankruptcy, affirmed by the District Court, the issue is whether a nonpossessory security interest can, under California law, be taken as to after-acquired items of inventory of a retail merchant.

Appellant is trustee in bankruptcy for Pasqual Patrick Piro, Jr. On July 20, 1966, appellee sold to Piro, doing business as Boys Towne, an inventory of boys' clothing, receiving in payment a promissory...

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