IN RE AMERICAN BIOCULTURE, INC.

No. 78-1606.

631 F.2d 640 (1980)

In re AMERICAN BIOCULTURE, INC., a New York Corporation, Bankrupt. FIRST MISSISSIPPI CORPORATION, Plaintiff-Appellant, v. Jon VOGEL, Trustee, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 31, 1980.


Attorney(s) appearing for the Case

Redfield T. Baum, Rawlins, Ellis, Burrus & Kiewit, Phoenix, Ariz., argued for plaintiff-appellant; James M. Marlar, Phoenix, Ariz., on brief.

David L. Haga, Jones, Teliborg, Sanders, Haga & Parks, Phoenix, Ariz., for defendant-appellee.

Before GOODWIN and SKOPIL, Circuit Judges, and WILKINS, District Judge.


WILKINS, District Judge.

First Mississippi Corporation appeals from the judgment determining that the sale of certain foreign patents by American Bioculture, Inc. was free and clear of a lien in favor of First Mississippi. This sale occurred prior to the adjudication of American Bioculture as a bankrupt.

In the months preceding its bankruptcy, American Bioculture was involved in both Chapter X and Chapter XI proceedings in Bankruptcy Court during which the...

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