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IN RE WAKEFIELD

No. J-77-101-B.

460 F.Supp. 1224 (1978)

In re Jimmy WAKEFIELD, Debtor. HAWKINS EQUIP. CO., Plaintiff-Appellee, v. Bernard GOLDSTEIN, Trustee, Defendant-Appellant.

United States District Court, E. D. Arkansas, Jonesboro Division.

December 1, 1978.

Attorney(s) appearing for the Case

Don A. Forrest, West Memphis, Ark., for plaintiff-appellee.

Marc I. Baretz, West Memphis, Ark., for defendant-appellant.

OPINION

ARNOLD, District Judge.

The trustee seeks to void a security agreement under which the debtor, Wakefield, promised to pay Hawkins Equipment Co. for a backhoe. If the agreement is governed by the law of Arkansas, it is usurious and void. The Court below applied the law of Tennessee and upheld the agreement. This Court reverses.

The Bankruptcy Court found the facts as follows, and they are not in dispute. On May 23, 1975, Wakefield leased the...

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