IN RE BLACK & WHITE CATTLE CO.

BAP No. CC-82-1390-KHAb, Bankruptcy No. LA-82-06631-CA, Adv. No. LA-82-3861-CA.

30 B.R. 508 (1983)

In re BLACK & WHITE CATTLE CO., a California limited partnership, Debtor. BLACK & WHITE CATTLE CO., a California limited partnership, Debtor and Debtor in Possession, Plaintiff/Counter-Defendant/Appellee, v. SHAMROCK FARMS COMPANY, an Arizona corporation, and McLod Farms Company, an Arizona corporation, Defendants/Counter - Claimants/Appellants, and Modesto Production Credit Association, Defendant.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided March 15, 1983.


Attorney(s) appearing for the Case

Gerald K. Smith, Lewis & Roca, Phoenix, Ariz., for defendants/counter-claimants, appellants.

Jeffrey H. Davidson (Argued), Jeffrey C. Krause, Stutman, Treister & Glatt, Los Angeles, Cal., for plaintiff/counter-defendant/appellee.

Before KATZ, HUGHES and ABRAHAMS, Bankruptcy Judges.


OPINION

KATZ, Bankruptcy Judge.

Shamrock Farms Company and McLod Farms Company (hereinafter collectively referred to as Shamrock), defendants, have appealed from a partial summary judgment in favor of Black and White Cattle Co., the debtor and debtor-in-possession. The judgment was certified as final pursuant to Fed.R.Civ.P. Rule 54(b) and entered on August 11, 1982. The judgment held as follows:

(1) Black...

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