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IN RE TULSA PORT WAREHOUSE CO., INC.

No. 80-1674.

690 F.2d 809 (1982)

In re TULSA PORT WAREHOUSE COMPANY, INC.; Mid-America Packing Specialists Division, a Division of the Tulsa Port Warehouse Company, Inc., Bankrupt. James ADELMAN, Trustee, Plaintiff-Appellee, v. GENERAL MOTORS ACCEPTANCE CORPORATION and Chuck Naiman Buick Company, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 6, 1982.

Attorney(s) appearing for the Case

Craig Blackstock of Blackstock Joyce Pollard Blackstock & Montgomery, Tulsa, Okl., for defendants-appellants.

Mickey D. Wilson, Tulsa, Okl., for plaintiff-appellee.

Before McWILLIAMS, BREITENSTEIN and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

We are once again called upon to consider a question proven to be a prime source of litigation in the field of commercial law: when is a purported lease in fact a security agreement subject to the requirements of Article 9 of the Uniform Commercial Code (UCC)?

In this case, Tulsa Port Warehouse Company (bankrupt or lessee) entered into four automobile "Non-Maintenance Lease Agreements" with defendant Chuck Naiman Buick Company (lessor...

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