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IN RE SUMMIT CREEK PLYWOOD CO., INC.

Civ. No. B78-00911 (C-23).

5 B.R. 815 (1980)

In re SUMMIT CREEK PLYWOOD COMPANY, INC., dba Summit Creek Forest Products Corp., Bankrupt. Robert BUTTS, Trustee in Bankruptcy of Summit Creek Plywood Company, Plaintiff, v. ROSBORO LUMBER COMPANY, and Walter E. Heller Western, Inc., Defendant.

United States District Court, D. Oregon.

June 26, 1980.

Attorney(s) appearing for the Case

Stephen B. Herrell, McMenamin, Joseph, Herrell & Paulson, Portland, Or., for Robert Butts, trustee in bankruptcy.

Randall Bryson, Bryson & Bryson, Eugene, Or., for defendant Rosboro Lumber Co.

Michael H. Schmeer, Douglas C. Beckman, Black, Kendall, Tremaine, Boothe & Higgins, Portland, Or., for defendant Walter E. Heller Western, Inc.

PANNER, District Judge:

Plaintiff, Robert Butts, is the Trustee in Bankruptcy of the estate of Summit Creek Plywood, Inc. (Bankrupt). He brought this summary proceeding in United States Bankruptcy Court to declare the rights of the parties to the assets in question. Defendant Rosboro Lumber Company (Rosboro) moved to dismiss the proceeding for lack of jurisdiction. This motion was denied both initially and on reconsideration. The plaintiff then moved for summary judgment...

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