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STATE EX REL. AETNA BUS. CREDIT v. DAVIS

No. A8105-02826; SC 27877.

631 P.2d 337 (1981)

291 Or. 369

STATE ex rel. Aetna Business Credit, Inc., a New York Corporation, and Its Successor and Assignee, Barclays American/Business Credit, Inc., a Connecticut Corporation, Plaintiff-Relator, v. Honorable Alan F. DAVIS, Circuit Judge, Circuit Court of the State of Oregon for the County of Multnomah, Defendant.

Supreme Court of Oregon, In Banc.

Decided July 21, 1981.

Attorney(s) appearing for the Case

Leslie M. Roberts of Kell, Alterman & Runstein, Portland, argued the cause and filed the brief for plaintiff-relator.

William F. Thomas, Portland, argued the cause and filed the brief for defendant.

DENECKE, Chief Justice.

Dale Industries borrowed $875,000 from Aetna Business Credit, the relator. Pursuant to a security agreement, the loan was secured by industrial machinery. ORS 79.2010. Aetna filed a complaint alleging Dale was in default, had transferred some of the collateral to the guarantors of Dale's obligation, and asked for judgment for the balance and possession of the collateral. The court ordered Dale and the guarantors who were made defendants to...

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