IN RE CFLC, INC.

No. 97-17345.

166 F.3d 1012 (1999)

In re: CFLC, INC., a Delaware Corporation, Debtor. Expeditors International of Washington, Inc., Appellant, v. The Official Creditors Committee, of CFLC, Inc., Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1999.


Attorney(s) appearing for the Case

Robert E. White and Jean P. Tepper, San Francisco, California, for the appellant.

Terrence V. Ponsford and Carl R. Goldberg, Bronson, Bronson & McKinnon, San Francisco, California, for the appellee.

Before: ROBERT R. BEEZER, CYNTHIA HOLCOMB HALL and PAMELA ANN RYMER, Circuit Judges.


BEEZER, Circuit Judge:

Expeditors International of Washington, Inc. ("Expeditors") appeals the Bankruptcy Appellate Panel's affirmance of partial summary judgment and dismissal of Expeditors' claim. We have jurisdiction pursuant to 28 U.S.C. § 158(d). We hold that Expeditors' pre-printed invoice terms did not create a security interest in Everex's property, either explicitly or through course of dealing analysis under Article 2 or Article 9 of the Uniform Commercial...

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