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SWALLOW RANCHES, INC. v. BIDART

Nos. 74-1423, 74-1448.

525 F.2d 995 (1975)

SWALLOW RANCHES, INC., Plaintiff-Appellant-Cross-Appellee, v. Leonard BIDART and Bidart Brothers, Individually and as co-partners dba El Tejon Cattle Company, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

October 23, 1975.

Attorney(s) appearing for the Case

Robert F. Orton (argued), of Hansen & Orton, Salt Lake City, Utah, for appellant.

Jon R. Collins (argued), of Lionel, Sawyer, Collins & Wartman, Las Vegas, Nev., for appellee.

Before CHAMBERS and KENNEDY, Circuit Judges, and ENRIGHT, District Judge.

OPINION

KENNEDY, Circuit Judge:

Swallow Ranches, Inc. (SRI), a Nevada corporation, brought suit against El Tejon Cattle Co., a California partnership, and Leonard Bidart, as a general partner. Jurisdiction was based on diversity of citizenship. 28 U.S.C. § 1332. SRI alleged that its sale to El Tejon of four ranches, subject to an option to repurchase, was in fact a loan secured by a mortgage. SRI claimed it therefore was entitled to the protections...

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