FBW ENTERPRISES v. VICTORIO CO.

No. 86-2332.

821 F.2d 1393 (1987)

FBW ENTERPRISES, a Nevada general partnership, Plaintiff-Appellee, v. The VICTORIO COMPANY, an Arizona corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 13, 1987.


Attorney(s) appearing for the Case

Andrew D. Hurwitz, Phoenix, Ariz., for plaintiff-appellee.

Steven D. Mollath, Reno, Nev., for defendant-appellant.

Before CHAMBERS, PREGERSON and CANBY, Circuit Judges.


CANBY, Circuit Judge:

The issue in this case is whether the protections of Nevada's "one action" rule and deficiency judgment statutes, Nev.Rev.Stat. 40.430 & 40.451-40.459, apply to a creditor's action against a guarantor of a secured debt. We conclude that the deficiency judgment statutes apply, and reverse the summary judgment rendered in the district court in favor of the appellee.

BACKGROUND

The material facts in this case are undisputed...

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