Leasing Service Corp. v. Appalachian Pocahontas Coal Co. (In Re Appalachian Pocahontas Coal Co.)

MEMORANDUM ORDER

COPENHAVER, District Judge.

I

Leasing Service Corporation appeals from an order of the bankruptcy court denying it the right to recover a deficiency judgment resulting from the sale of repossessed mining equipment, holding that the public sale of the equipment had been commercially unreasonable under the provisions of the Uniform Commercial Code and applicable case law.

In March, 1977, Fairchild, Inc., as lessor, entered into an agreement with Appalachian Pocahontas Coal Company, as lessee, for the lease of certain mining equipment. Fairchild, Inc., assigned its rights in the…