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MATTER OF SPARKMAN

No. 82-4202.

703 F.2d 1097 (1983)

In the matter of Bill D. SPARKMAN also known as Billy D. Sparkman, dba Sparkman Apiaries, Debtor in Possession. MERCED PRODUCTION CREDIT ASSOCIATION, A California corporation, Claimant-Appellee, v. Bill D. SPARKMAN, also known as Billy D. Sparkman, dba Sparkman Apiaries, Debtor in Possession/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 11, 1983.

Attorney(s) appearing for the Case

Dean A. Bailey, Stammer, McKnight, Barnum & Bailey, Fresno, Cal., Noble K. Gregory, Joe C. Creason, Jr., Kevin M. Fong, Pillsbury, Madison & Sutro, San Francisco, Cal., for claimant-appellee.

T.N. Petersen, Joseph Genshlea, Law Office of T.N. Petersen, Law Office of John Bucan, Merced, Cal., for debtor in possession/appellant.

Before GOODWIN and SNEED, Circuit Judges, and FRYE, District Judge.

SNEED, Circuit Judge:

This case involves a counterclaim for breach of contract, attorneys' fees, and punitive damages brought by Billy Sparkman against his claimant, Merced Production Credit Association, in connection with Sparkman's bankruptcy proceedings. The bankruptcy court found for Sparkman on the breach of contract issue but denied attorneys' fees and punitive damages. The district court affirmed the bankruptcy court's judgment. We agree with the district court...

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