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LEASING SERVICE CORP. v. DIAMOND TIMBER, INC.

No. 81 Civ. 7578 (CBM).

559 F.Supp. 972 (1983)

LEASING SERVICE CORPORATION, Plaintiff, v. DIAMOND TIMBER, INC., Don Durham and Lu K. Fraser, Defendants.

United States District Court, S.D. New York.

January 28, 1983.

Attorney(s) appearing for the Case

Sol D. Bromberg, New York City, for plaintiff.

Don Durham and Lu K. Fraser, defendants pro se.

OPINION

MOTLEY, Chief Judge.

In this diversity action, plaintiff, Leasing Service Corporation, assignee of an equipment lease contract, brought suit against defendants Diamond Timber, Inc., the lessee of the equipment, and Don Durham and Lu K. Fraser, the guarantors of the obligations of Diamond Timber, for a deficiency arising after default and public sale of the repossessed equipment.

Plaintiff, asserting that there are no triable issues of fact...

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