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IN RE PACIFIC SUNWEST PRINTING

Bankruptcy No. 79-03164-MZ.

6 B.R. 408 (1980)

In re PACIFIC SUNWEST PRINTING, a partnership, dba Stanish Printers, Western Sun Graphics, Debtor.

United States Bankruptcy Court, S.D. California.

July 14, 1980.

Attorney(s) appearing for the Case

Stephen A. Rains, El Cajon, Cal., for debtor.

Scott Baker, San Francisco, Cal., for Westguard Leasing.

Philip J. Giacinti, Jr., San Diego, Cal., for trustee.

MEMORANDUM OPINION REGARDING EQUIPMENT LEASE INTENDED AS SECURITY

JAMES W. MEYERS, Bankruptcy Judge.

I

This controversy involves the question of whether an equipment lease is a true lease, or merely a disguised secured transaction. The equipment lessor, Westguard Leasing Corporation, formerly SHW Capital Corporation ("Westguard"), has moved this Court under Section 554(b) of the Bankruptcy Code ("Code") for an order directing the trustee, Mr. Ralph...

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