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NORTHWEST EQUIPMENT SALES v. WESTERN PACKERS

No. 78-1043.

623 F.2d 92 (1980)

NORTHWEST EQUIPMENT SALES CO., a Washington Corporation, Plaintiff-Appellee, v. WESTERN PACKERS, INC., an Idaho Corporation, Defendant-Appellant, The Small Business Administration, United States Government, Defendants.

United States Court of Appeals, Ninth Circuit.

July 10, 1980.

Attorney(s) appearing for the Case

Herbert W. Rettig, Rettig, Rosenberry & Roberts, Caldwell, Idaho, for defendant-appellant.

William F. Almon, Halverson, Applegate, McDonald, Bond, Grahn, Wiehl & Almon, Yakima, Wash., for plaintiff-appellee.

Before SKELTON, Judge, and FARRIS and PREGERSON, Circuit Judges.

FARRIS, Circuit Judge:

Western Packers, Inc. is appealing from the Idaho federal district court's decision that appellee Northwest Equipment Sales Co. has a security interest in certain fixtures which is prior to the interest that Western acquired by purchasing the fixtures at a foreclosure sale. Under Idaho law, the foreclosure sale discharged Northwest Equipment's security interest. We, therefore, reverse and remand for the district court to enter an order directing...

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