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IN RE COAST TRADING CO., INC.

Bankruptcy No. 382-00974, Adv. No. 82-0641.

31 B.R. 666 (1982)

In re COAST TRADING COMPANY, INC., Debtor. Harry MASTO, dba Harry Masto Farms and Harry Masto Produce Company, Inc., a Washington corporation, Plaintiff, v. COAST TRADING COMPANY, INC., the Oregon Bank and the Bank of Nova Scotia, Defendants.

United States Bankruptcy Court, D. Oregon.

November 26, 1982.

Attorney(s) appearing for the Case

P. Anne Klassner, Portland, Or., for debtor.

Victor Van Koten, Portland, Or., for plaintiff.

Howard Levine, Portland, Or., for Oregon Bank.

Kevin Padrick, Portland, Or., for Bank of Nova Scotia.

FOLGER JOHNSON, Bankruptcy Judge.

This matter came before the court on November 16, 1982, for oral arguments on the issue of the plaintiffs-reclaiming sellers-right to a jury trial in their reclamation suit. The court concludes that the plaintiff is not entitled to a jury trial.

The right to a trial by jury is governed by 28 U.S.C. § 1480(a), which provides:

"Except as provided in subsection (b) of this section, this chapter and title 11 do not...

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