IN RE GODWIN BEVERS CO., INC.

No. 76-1901.

575 F.2d 805 (1978)

In re GODWIN BEVERS CO., INC., Debtor. COLDWELL BANKER AND COMPANY, Plaintiff-Appellant, v. GODWIN BEVERS CO., INC., Defendant-Appellee and Debtor in Possession.

United States Court of Appeals, Tenth Circuit.

Decided May 3, 1978.

Rehearing Denied June 13, 1978.


Attorney(s) appearing for the Case

Eugene F. Costello, Denver, Colo. (Tom B. Markley, San Jose, Cal., with him on briefs), for plaintiff-appellant.

Michael A. Berniger, Colorado Springs, Colo. (David J. Clarke, Denver, Colo., with him on brief), for defendant-appellee and debtor in possession.

Before McWILLIAMS, BREITENSTEIN and McKAY, Circuit Judges.


BREITENSTEIN, Circuit Judge.

In this bankruptcy proceeding the district court held that the claim of Coldwell Banker and Company, plaintiff-appellant, should be allowed as a general, unsecured claim. Coldwell Banker asserts that its claim should be allowed and paid as an expense of administration. We affirm the district court.

After an involuntary petition in bankruptcy had been filed against it, defendant-appellee Godwin Bevers Co., Inc., petitioned for a...

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