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CIT CORPORATION v. NIELSON LOGGING CO.

16-82-05987; CA A31470.

706 P.2d 967 (1985)

75 Or.App. 267

CIT CORPORATION, a New York Corporation, Appellant, v. NIELSON LOGGING CO., a Partnership, Edwin J. Nielson and Aletha C. Nielson, Respondents.

Court of Appeals of Oregon.

Decided September 18, 1985.

Reconsideration Denied November 8, 1985.

Attorney(s) appearing for the Case

William H. Martin, Eugene, argued the cause for appellant. With him on the briefs were Gleaves, Swearingen, Larsen and Potter, Eugene.

F. William Honsowetz, Eugene, argued the cause for respondents. With him on the brief were John Mark, and Mills, Lombard, Gardner, Honsowetz, Brewer and Schons, Eugene.

Before JOSEPH, C.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

This action concerns the resale of collateral after defendants' default on a security agreement. ORS 79.5040. Plaintiff sought a deficiency judgment for the difference between the debt, plus personal property taxes and expenses incurred in retaking and reselling the collateral, and the proceeds obtained from the sale of the collateral. Defendants denied the debt and affirmatively alleged that the sale of the collateral was commercially unreasonable....

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