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IN RE BLACK & WHITE CATTLE CO.

BAP NO. CC-82-1610-VGAb, Bankruptcy No. LA 82-06631-CA, Adv. No. LA 82-3861-CA.

46 B.R. 484 (1984)

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

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided May 24, 1984.

Attorney(s) appearing for the Case

Randolph J. Haines (argued), Lewis & Roca, Phoenix, Ariz., Richard M. Moneymaker, Moneymaker & Morrison, Los Angeles, Cal., for defendants-appellants.

Jeffrey C. Krause (argued), Isaac M. Pachulski, Stutman, Treister & Glatt, Los Angeles, Cal., for plaintiff-appellee.

Before VOLINN, GEORGE and ABRAHAMS, Bankruptcy Judges.

VOLINN, Bankruptcy Judge.

A California statute, Cal.Civ.Code § 2980.5, provides, in pertinent part, that a contract for the feeding of dairy cattle must be recorded within 10 days after execution with the county recorder where the cattle are then located and also where the feedlot operator resides. Failing such recordation, after possession of the cattle by the feedlot operator, reservation of title or property in the cattle by their owner is void as to any good...

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