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BOUDREAU v. BORG-WARNER ACCEPTANCE CORP.

No. 77-3250.

616 F.2d 1077 (1980)

Tom BOUDREAU and Mary Belle Boudreau, husband and wife, Plaintiffs-Appellees, v. BORG-WARNER ACCEPTANCE CORPORATION, a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 2, 1980.

Attorney(s) appearing for the Case

J. Phillip Holcomb, Whitehill, Berger, Gin & Karp, Tucson, Ariz., argued for defendant-appellant; Leonard Karp, Whitehill, Berger, Gin & Karp, Tucson, Ariz., on the brief.

Eric M. O'Dowd, Tucson, Ariz., for plaintiffs-appellees.

Before WALLACE and SNEED, Circuit Judges, and SOLOMON, District Judge.

SNEED, Circuit Judge:

This is a diversity case. The appellant, a secured creditor of the appellees, appeals from a directed verdict for conversion and a jury award of $14,271.34 compensatory damages and $65,000 punitive damages. The issues on appeal are: (1) Did the district court err in its interpretation of the Security Agreement under which it conditioned the creditor's possessory rights upon the debtor's failure to accede to a demand for delivery? and (2) Does...

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