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AVLIN INC. v. MANIS

No. 17407.

953 P.2d 309 (1997)

124 N.M. 544

1998-NMCA-011

AVLIN INC., Plaintiff-Appellant, v. Terry MANIS, d/b/a Autos II, Inc., Defendant-Appellee.

Court of Appeals of New Mexico.

December 18, 1997.

Attorney(s) appearing for the Case

Thomas F. Hooker, Jr., Thomas F. Hooker, Jr. & Associates, Albuquerque, for Plaintiff-Appellant.

William F. Aldridge, Lynch, Printz, Aldridge & Grammer, P.A., Albuquerque, for Defendant-Appellee.

OPINION

ARMIJO, Judge.

1. This is a dispute between two secured lenders both of which claim a superior interest in sale proceeds for the same three automobiles.

2. Plaintiff Avlin, Inc. was a floor plan financier for Affordable Auto Sales, a used car dealer which is not a party to this litigation. Plaintiff claims priority to these sale proceeds pursuant to a general security agreement it had with Affordable which, it argues, included the three automobiles...

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