IN RE J. A. THOMPSON & SON, INC.

No. 79-3180.

665 F.2d 941 (1982)

In re J. A. THOMPSON & SON, INC., Debtor. Ralph AOKI, Receiver, Plaintiff/Appellee, v. SHEPHERD MACHINERY CO., Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 11, 1982.


Attorney(s) appearing for the Case

Isaac M. Pachulski, Stutman, Treister & Glatt, P. C., Los Angeles, Cal., for defendant/appellant.

J. Randolph Huston, Walker, Wright, Tyler & Ward, Los Angeles, Cal., for plaintiff/appellee.

Before WALLACE and PREGERSON, Circuit Judges, and SCHWARTZ, District Judge.


MILTON L. SCHWARTZ, District Judge:

Shepherd Machinery Company ("Shepherd"), appellee herein, is a California corporation engaged in the business of selling and leasing heavy construction equipment in Southern California. J. A. Thompson & Son, Inc. ("Thompson") was, at the time here in question, a California corporation engaged in construction work. On April 6, 1973 Thompson entered into two agreements with Shepherd, each entitled "Machinery Lease," whereby Thompson...

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