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IN RE ELLSWORTH

BAP Nos. AZ-82-1159HGK, AZ-82-1191HGK, Bankruptcy No. B-81-01917 PHX, Adv. No. B-81-0932 PHX.

28 B.R. 13 (1983)

In re Robert C. ELLSWORTH and Judith Ellsworth, his wife; R.C. Ellsworth Co.; and Chevelon Cattle Co., a sole proprietorship, Debtors. Jack HALPERIN, Trustee; and Arizona Livestock Production Credit Association, Appellants, v. TRI-STATE LIVESTOCK CREDIT CORPORATION, a Calif. corporation; Spence and Norton, a partnership; A.T. Spence, Jr., an individual; John Norton, an individual; Robert C. Ellsworth and Judith Ellsworth, his wife, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided March 15, 1983.

Attorney(s) appearing for the Case

"14"/> Peter J. Rathwell (argued), Snell & Wilmer, Henry Jacobwitz, Kaplan, Jacobowitz, Hendricks & Bosse, Phoenix, Ariz., for appellants.

Stanton A. Shafer (argued), Evans, Kitchel & Jenckes, Jefferson L. Lankford (argued), Jennings, Strouss & Salmon, Phoenix, Ariz., for appellees.

Before HUGHES, GEORGE and KATZ, Bankruptcy Judges.

OPINION

HUGHES, Bankruptcy Judge:

The trustee in bankruptcy and Arizona Livestock Production Credit Association appeal from a partial summary judgment in favor of Tri-State Livestock Credit Association and from denial of ALPCA's motion for summary judgment in its favor. Spence and Norton, a partnership, is also a party to the appeal. We reverse the judgment in favor of Tri-State and dismiss the other order appealed.

I

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