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IN RE WESTERN FARMERS ASS'N

Adversary Proceeding Nos. 80-0092, 80-106.

6 B.R. 432 (1980)

In re WESTERN FARMERS ASSOCIATION, a Washington agricultural cooperative et al., Debtor. WESTERN FARMERS ASSOCIATION, a Washington agricultural cooperative, Plaintiff, v. CIBA GEIGY et al., Defendants.

United States Bankruptcy Court, W.D. Washington, at Seattle.

On Motion for Reconsideration October 8, 1980.

Attorney(s) appearing for the Case

Michael G. Wickstead, Thomas S. Zilly, Seattle, Wash., for Western Farmers Assoc.

George E. Frasier, Seattle, Wash., for Spokane Bank for Cooperatives.

Bruce T. Thurston, Seattle, Wash., for Golby Bag Co. and A.R. Smith & Co.

Jay M. Gamberg, New York City, for Pfizer, Inc.

David L. Friend, Seattle, Wash., for Niderost T & A Dehy, Inc.

Thomas G. Thorbeck, Seattle, Wash., for Davis Walker.

John T. John, Seattle, Wash., for Fisher Mills, Inc.

David Lieberworth, Seattle, Wash., Marianne McGettigan, Asst. Atty. Gen., Dept. of Agriculture, Olympia, Wash., for Shafer-Haggart, Ltd.

AMENDED OPINION ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON DEMANDS FOR RECLAMATION

SAMUEL J. STEINER, Bankruptcy Judge.

FACTS AND NATURE OF ACTION

The controversy before the Court concerns but one issue in a very complex reorganization. Specifically, the question involves the relative positions of sellers attempting reclamation from the debtor under Section 546(c) of the Bankruptcy Code and the debtor's lender who claims a security interest...

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