NATIONAL EQUIPMENT RENTAL, LTD. v. HENDRIX

No. 259, Docket 77-7239.

565 F.2d 255 (1977)

NATIONAL EQUIPMENT RENTAL, LTD., Plaintiff-Appellant, v. H. Walter HENDRIX, III and Jean K. Hendrix, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 11, 1977.


Attorney(s) appearing for the Case

Jonathan V. Pollack, Mineola, N. Y. (Gerald S. Jacobs, Charles Jacobson, Lake Success, N. Y., and Marcus, Maltinsky & Katz, Mineola, N. Y., of counsel), for plaintiff-appellant.

Mark S. Arisohn, Stanley S. Arkin, New York City, of counsel, for defendants-appellees.

Before KAUFMAN, Chief Judge, and SMITH and MULLIGAN, Circuit Judges.


IRVING R. KAUFMAN, Chief Judge:

This appeal brings into question a jury finding that two so-called "equipment lease" agreements entered into between National Equipment Rental, Ltd. (NER) and H. Walter Hendrix, III, were, in actuality, usurious loan agreements void under New York State law. That determination, and the resulting dismissal of NER's complaint seeking amounts still due on those agreements, are attacked on three grounds. NER contends that Hendrix was improperly...

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