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HEINICKE INSTRUMENTS CO. v. REPUBLIC CORP.

No. 74-1869.

543 F.2d 700 (1976)

HEINICKE INSTRUMENTS COMPANY, a corporation, Plaintiff, v. REPUBLIC CORPORATION, a corporation, Defendant-Appellant, and Samuel N. Bergman, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 13, 1976.

Attorney(s) appearing for the Case

Ferris F. Boothe (argued), of Black, Kendall, Tremaine, Boothe & Higgins, Portland, Or., for defendant-appellant.

R. Ladd Lonnquist (argued), of Pozzi, Wilson & Atchison, Portland, Or., for plaintiff.

Before HUFSTEDLER and WRIGHT, Circuit Judges, and SHARP, District Judge.

HUFSTEDLER, Circuit Judge.

The contest in this interpleader action is between an attaching creditor and the assignee-pledgee of 28,985 shares of stock. The district court held that the assignee-pledgee had perfected his security interest in the stock before the attachment because, under Oregon Revised Statutes § 79.3050, U.C.C. § 9-3051, the issuing corporation was the bailee of the pledgee-assignee. We conclude that the district...

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