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MINOR v. STEVENSON

Docket No. E007231.

227 Cal.App.3d 1613 (1991)

278 Cal. Rptr. 558

WAYNE M. MINOR, Plaintiff and Appellant, v. KENNETH L. STEVENSON et al., Defendants; PETER PAN MOTORS, Third Party Claimant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

February 28, 1991.

Attorney(s) appearing for the Case

COUNSEL

Swarner & Fitzgerald, Edward L. Mackey and Jere L. Fox for Plaintiff and Appellant.

Callahan, McCune & Willis and Robert W. Thompson for Third Party Claimant and Respondent.

OPINION

McDANIEL, J.*

In this appeal, in the context of the Commercial Code, we are called upon to resolve a dispute over possession of a BMW automobile. Such dispute is between defendant's attaching creditor and a third party claimant who delivered the BMW to defendant. The dispute arose when plaintiff, the attaching creditor, levied on the BMW, purportedly owned by defendant, an automobile dealer. The...

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