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TKO EQUIPMENT CO. v. C & G COAL CO., INC.

Nos. 88-1222, 88-1311.

863 F.2d 541 (1988)

TKO EQUIPMENT COMPANY, Plaintiff-Appellee/Cross-Appellant, v. C & G COAL COMPANY, INC., Defendant, and Whayne Supply Company, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 29, 1988.

Rehearing Denied December 23, 1988.

Attorney(s) appearing for the Case

Dennis B. Longest, Buthod Longest Rietman & Steedman, Evansville, Ind., for defendant-appellant/cross-appellee.

C. David Johnstone, Barnett & Alagia, New Albany, Ind., for plaintiff-appellee/cross-appellant.

Before COFFEY, FLAUM, and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

C & G Coal Co. either leased or bought two earthmovers from TKO Equipment Co. If C & G leased them, then Whayne Supply Co. owns them today; if C & G bought them, then TKO owns them. If this were not confusing enough, the parties disavow their own documents. TKO, which drew up a lease proclaiming that it was not retaining a security interest ("LESSEE and LESSOR hereby agree that this transaction is an equipment lease and not...

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