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IN RE DESERT PAINT & SUPPLY COMPANY

No. 71-1625.

479 F.2d 45 (1973)

In the Matter of DESERT PAINT & SUPPLY COMPANY, a co-partnership composed of Ray E. Primer and Betty Primer, Bankrupt. WESTERN BOARD OF ADJUSTERS, INC., a California corporation, Respondent-Appellant, v. Richard R. CLEMENTS, Trustee-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 1, 1973.

Attorney(s) appearing for the Case

Barnard F. Klein (argued), Beverly Hills, Cal., for respondent-appellant.

Lawrence A. Diamant (argued), Herbert Wolas, Robinson & Wolas, Los Angeles, Cal., for trustee-appellee.

Before ELY and HUFSTEDLER, Circuit Judges, and TURRENTINE, District Judge.

PER CURIAM:

The appellant (Western) appeals from the District Court's affirmance of a bankruptcy Order declaring a security agreement and financing statement executed in favor of Western to be null and void, awarding damages to the trustee in the sum of $10,474.32 together with interest, and assessing exemplary damages in the sum of $15,000.00.

The dispute arose over a debt owed by the bankrupt to a third person and assigned to Western for collection. Western...

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