BUTTS v. GLENDALE PLYWOOD CO.

No. 82-3041.

710 F.2d 504 (1983)

Robert BUTTS, Trustee in Bankruptcy of Summit Creek Plywood Company, Plaintiff-Appellee, v. GLENDALE PLYWOOD CO., and Davidson Lumber Sales, Defendant-Appellants, and Walter E. Heller Western, Incorporated, Defendants.

United States Court of Appeals, Ninth Circuit.

Decided June 16, 1983.


Attorney(s) appearing for the Case

Elizabeth L. Perris, McMenamin, Joseph, Babener, Greene & Perris, Portland, Or., Douglas Beckman, Black, Kendall, Tremaine, Boothe & Higgins, Portland, Or., for plaintiff-appellee.

Jeffrey D. Herman, Wiswall, Svoboda, Thorp & Dennett, Springfield, Or., for defendants-appellants.

Before FERGUSON, BOOCHEVER and NORRIS, Circuit Judges.


NORRIS, Circuit Judge:

The question presented by this appeal is whether Glendale Plywood Co. (Glendale) had the right to stop a shipment of plywood to Summit Creek Plywood Company (Summit Creek) after Summit Creek resold the plywood to a third party and ordered its destination changed. The district court held that, under § 2-705 of the Uniform Commercial Code, the redirection of a shipment at the order of a buyer, without the seller's knowledge, constitutes a...

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