AGRISTOR CREDIT CORP. v. SCHMIDLIN

Civ. Nos. 83-1847-RE, 83-1848-RE.

601 F.Supp. 1307 (1985)

AGRISTOR CREDIT CORPORATION, Plaintiff, v. George SCHMIDLIN and Enola Schmidlin, Defendants and Third Party Plaintiffs, v. A.O. SMITH CORPORATION, Harvestore Products, Inc., 4-J Harvestore Systems, Inc., and Dennis Messoline, Third Party Defendants. AGRISTOR LEASING, Plaintiff, v. Robert H. LARSON and Loretta Larson, Defendants and Third Party Plaintiffs, v. A.O. SMITH CORPORATION, Harvestore Products, Inc., 4-J Harvestore Systems, Inc., and Theodore (Ted) Williams, Third Party Defendants.

United States District Court, D. Oregon.

January 23, 1985.


Attorney(s) appearing for the Case

John P. Davenport, William N. Stiles, Sylvia E. Stevens, Sussman, Shank, Wapnick, Caplan & Stiles, Portland, Or., for plaintiffs.

Kenneth Evans, Jr., Portland, Or., for defendants and third party plaintiffs George Schmidlin, Enola Schmidlin, Robert H. Larson and Loretta Larson.

Jan K. Kitchell, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for third party defendants A.O. Smith Corporation and Harvestore Products, Inc.

E. Richard Bodyfelt, Bodyfelt, Stroup, Mount & Chamberlain, Portland, Or., for third party defendants 4-J Harvestore Systems, Inc., Dennis Messoline and Theodore Williams.


AMENDED OPINION

REDDEN, District Judge:

These two actions have been consolidated for pretrial purposes. Plaintiff in No. 83-1847, Agristor Credit Corporation (ACC), brought this action for breach of contract and replevin. Plaintiff in No. 83-1848, Agristor Leasing (AL), is suing for breach of a lease and replevin. Plaintiffs and various third-party defendants have now moved for summary judgment.

BACKGROUND

I. No. 83-1847

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