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BEGAY v. FOUTZ & TANNER, INC.

Nos. 3804, 3805.

619 P.2d 551 (1979)

95 N.M. 106

Grace BEGAY, Lydia Reeves, Plaintiffs-Appellees, v. FOUTZ & TANNER, INC., d/b/a Tanner's Big Dollar, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied November 6, 1979.

Writ of Certiorari Granted December 14, 1979.

Attorney(s) appearing for the Case

Judy A. Flynn-O'Brien, Earl R. Mettler, Timothy V. Flynn-O'Brien, Shiprock, for plaintiffs-appellees.

John E. Schindler, Palmer & Frost, Farmington, for defendant-appellant.

OPINION

WALTERS, Judge.

Plaintiffs Begay and Reeves are Indians who frequently pawned Indian jewelry articles with defendant trading company. Both complained, in separate suits below, that when they defaulted in payment of the loans collateralized by their pawned jewelry, defendant attempted to retain the collateral pursuant to § 505 of the Uniform Commercial Code (§ 55-9-505, N.M.S.A. 1978), instead of proceeding properly under § 504 which...

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