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MATTER OF BEST DISTRIBUTION CO.

Nos. 75-3728 and 76-1065.

576 F.2d 1360 (1978)

In the Matter of BEST DISTRIBUTION CO., a California Corporation, Bankrupt. Kerry M. GOUGH, Trustee, Appellant and Cross-Appellee, v. WELLS FARGO BANK, Appellee and Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

As Corrected June 22, 1978.

Attorney(s) appearing for the Case

Robert R. Barton (argued), Oakland, Cal., for appellant and cross-appellee.

Atherton Phleger (argued), of Brobeck, Phleger & Harrison, San Francisco, Cal., for appellee and cross-appellant.

Before DUNIWAY, WRIGHT and CHOY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

The trustee in bankruptcy for Best Distribution Company (Best) appeals from an order of the district court affirming the bankruptcy judge's1 finding that he did not have summary jurisdiction over the trustee's counterclaim. Wells Fargo Bank (Bank) cross appeals from the district court's order granting a set off in the amount of the trustee's counterclaim. The cross-appeals present these questions:

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