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IN RE FINANCIAL COMPUTER SYSTEMS, INC.

No. 25628.

474 F.2d 1258 (1973)

In the Matter of FINANCIAL COMPUTER SYSTEMS, INC., a California corporation, Debtor. EQUITABLE LEASING CO., Respondent-Appellant, v. Richard CLEMENTS, Trustee-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 15, 1973.

Attorney(s) appearing for the Case

James B. Bertero (argued), Bruce E. Clark, of Musick, Peeler & Garrett, Stephen R. Wolfson, of Tiernan & Moneymaker, Los Angeles, Cal., for respondent-appellant.

Donald Rothman (argued), of Sulmeyer, Kupetz & Alberts, A. J. Bumb, Los Angeles, Cal., for trustee-appellee.

Before ELY, HUFSTEDLER, and WRIGHT, Circuit Judges.

ELY, Circuit Judge:

Equitable Leasing Company sought reclamation, in bankruptcy proceedings, of two air conditioning units in the possession of the bankrupt's trustee under an alleged lease agreement. The trustee refused to turn over the two units, claiming contrary to the express provisions of the written contract, that the alleged lease was a security agreement, and, as such, void because of the failure of Equitable to...

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