Butts v. Glendale Plywood Co.

710 F.2d 504 36 UCC Rep.Serv. 545 Robert BUTTS, Trustee in Bankruptcy of Summit Creek Plywood Company, Plaintiff- Appellee, v. GLENDALE PLYWOOD CO., and Davidson Lumber Sales, Defendant-Appellants, and Walter E. Heller Western, Incorporated, Defendants. No. 82-3041. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 3, 1983. Decided June 16, 1983. Elizabeth L. Perris, McMenamin, Joseph, Babener, Greene & Perris, Portland, Or., Douglas Beckman, Black, Kendall, Tremaine, Boothe & Higgins, Portland, Or., for plaintiff-appellee. Jeffrey D. Herman, Wiswall, Svoboda, Thorp & Dennett, Springfield, Or., for defendants-appellants. Appeal from the United States District Court for the District of Oregon. Before FERGUSON, BOOCHEVER and NORRIS, Circuit Judges. NORRIS, Circuit Judge: 1 The question presented by this appeal is whether Glendale Plywood Co. (Glendale) had the right to stop a shipment of plywood to Summit Creek Plywood Company (Summit Creek) after Summit Creek resold the plywood to a third party and ordered its destination changed. The district court held that, under Sec. 2-705 of the Uniform Commercial Code, the redirection of a shipment at the…