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IN RE MISTURA, INC.

No. 82-5723.

705 F.2d 1496 (1983)

In re MISTURA, INC., dba Thrift City Pharmacy, Debtor. McKESSON DRUG COMPANY, A DIVISION OF FOREMOST-McKESSON, INC., a Maryland corporation, Appellant, v. Lee MARCUS and Ann Marcus, husband and wife, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 17, 1983.

Attorney(s) appearing for the Case

Irwin Harris, Wolfe & Harris, Phoenix, Ariz., for appellees.

Peter J. Rathwell, Snell & Wilmer, Phoenix, Ariz., for appellant.

Before KILKENNY, SKOPIL and FERGUSON, Circuit Judges.

KILKENNY, Circuit Judge:

McKesson Drug Company (McKesson) appeals from a decision of the bankruptcy appellate panel, 22 B.R. 60, reversing the court's determination that McKesson's lien in the personal property of Mistura, Inc. was superior to the lien of Lee and Ann Marcus (Marcuses). The bankruptcy appellate panel remanded for a new trial. We affirm.1

FACTS

The Marcuses sold a drug store...

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