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PERERA COMPANY, INC. v. GOLDSTONE

Nos. 71-2653, 71-2958.

491 F.2d 386 (1974)

PERERA COMPANY, INC., Appellant, v. Jack R. GOLDSTONE, Debtor-Defendant, Fireside Thrift Co., Intervenor and Appellee. PERERA COMPANY, INC., Appellee, v. Jack R. GOLDSTONE, Debtor-Defendant, Fireside Thrift Co., Intervenor and Appellant.

United States Court of Appeals, Ninth Circuit.

January 9, 1974.

Attorney(s) appearing for the Case

Patrick J. Maloney, Jr., of Sullivan, Roche & Johnson and Theodore A. Kolb (argued) San Francisco, Cal., for Fireside Thrift Co.

K. Lambert Kirk, San Francisco, Cal. (argued) for Perera Co., Inc.

Patrick J. Kearns, San Francisco, Cal., for Jack R. Goldstone.

Before ELY, TRASK and WALLACE, Circuit Judges.

OPINION

ELY, Circuit Judge:

Here, we have an appeal by appellant Perera, plaintiff below, from a judgment subordinating its rights as a judgment creditor to those of Fireside Thrift Co., (hereinafter "Fireside"), a post-judgment intervenor claiming a prior inventory lien. Fireside has cross-appealed from the District Court's order denying Fireside's claim for the cost of certain bond premiums.

In 1961 Perera obtained a default judgment against the...

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