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NORTHERN COMMERCIAL CO. v. COBB

No. S-2351.

778 P.2d 205 (1989)

NORTHERN COMMERCIAL COMPANY, d/b/a N.C. Machinery, Appellant, v. Les COBB d/b/a Cobb Enterprises, Bill Beaman d/b/a Mallard Leasing, David Dahl d/b/a Dahl & Company, and Steve Sneed d/b/a Eclipse Mining, Appellees.

Supreme Court of Alaska.

July 28, 1989.

Attorney(s) appearing for the Case

Susan E. Reeves, Guess & Rudd, Anchorage, for appellant.

Gail M. Ballou, Fairbanks, for appellees.

Before MATTHEWS, C.J., and RABINOWITZ, BURKE, COMPTON and MOORE, JJ.

OPINION

MATTHEWS, Chief Justice.

I. INTRODUCTION

Appellant Northern Commercial Company d/b/a N.C. Machinery Company ("NC") seeks possession of an item of collateral which its debtor sold to appellee Mallard Leasing Company ("Mallard"). The trial court granted summary judgment to Mallard on the theory that NC had impliedly authorized the sale to Mallard, thus destroying NC's security interest in the collateral. On appeal, Mallard asserts that it...

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