NW ACCEPTANCE CORP. v. McCLELLAN EQUIP. CO.

CA8410-05771; CA A35178.

719 P.2d 887 (1986)

79 Or.App. 405

NORTHWEST ACCEPTANCE CORPORATION, an Oregon corporation, Appellant, v. McCLELLAN EQUIPMENT COMPANY, an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided May 21, 1986.


Attorney(s) appearing for the Case

Barbee B. Lyon, Portland, argued the cause for appellant. With him on briefs was Tonkon, Torp, Galen, Marmaduke & Booth, Portland.

Leon Simson, Portland, argued the cause for respondent. With him on brief were Sandra L. Wald and Ransom, Blackman & Simson, Portland.

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


BUTTLER, Presiding Judge.

Plaintiff seeks a judicial declaration that its security interest in construction equipment leased by defendant to Erosion Control, Inc. (debtor) is superior to defendant's security interest in the same equipment; it also seeks injunctive relief and damages. The trial court dismissed plaintiff's complaint and entered judgment for defendant. The sole issue on appeal is whether defendant, by filing in good faith, in the wrong state, a financing...

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