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BURTON COMPRESSOR v. STATELINE FOREST PROD.

16-84-06793; CA A34961.

720 P.2d 386 (1986)

79 Or.App. 626

BURTON COMPRESSOR CORP., an Oregon corporation, Plaintiff-Respondent, v. STATELINE FOREST PRODUCTS, INC., an Oregon corporation, Defendant-Respondent, Walter E. Heller Western Incorporated, a California corporation, Intervenor-Appellant.

Court of Appeals of Oregon.

Decided June 4, 1986.

Attorney(s) appearing for the Case

Joseph M. VanLeuven, Portland, argued the cause for intervenor-appellant. With him on the briefs was Black, Tremaine, Lankton, Krieger & Schmeer, Portland.

Wilson C. Mulheim, Eugene, argued the cause for respondent Burton Compressor Corp. With him on the brief were Diane L. Brissenden and Hershner, Hunter, Miller, Moulton & Andrews, Eugene.

Douglas P. Cushing, Medford, waived appearance for respondent Stateline Forest Products, Inc.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

In this action for claim and delivery, the dispositive issue is whether a "Rental Purchase Agreement" between plaintiff and defendant, under which defendant took possession of an industrial air compressor, is a pure lease or whether it is really a contract of sale, under which plaintiff reserved only a security interest. If it is a true lease, plaintiff's interest in the compressor is superior to that of intervenor's. If it is not, intervenor...

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