IN RE NORTH AMERICAN COIN & CURRENCY, LTD.

No. 84-1731.

767 F.2d 1573 (1985)

In re NORTH AMERICAN COIN & CURRENCY, LTD., Debtor. Daniel A. TORRES, M.D., P.C. and Arthur R. Rose and Kathleen Rose, et al., Plaintiffs/Appellants, v. Harry V. EASTLICK, successor Trustee of North American Coin & Currency, Ltd., North American Coin & Currency, Ltd., An Arizona corp., John Does I through X, Jane Does I through X, White Corp., I through V, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1985.


Attorney(s) appearing for the Case

James M. Marlar, Ryley, Carlock & Applewhite, Marshall A. Lehman, Mahoney, Lehman & Rood, P.C., Phoenix, Ariz., for plaintiffs/appellants.

Jeffrey S. Leonard, Phoenix, Ariz., for defendants/appellees.

Before MERRILL, CANBY and NORRIS, Circuit Judges.


CANBY, Circuit Judge:

North American Coin and Currency, Ltd. (hereinafter NAC or debtor) was an Arizona corporation in the business of buying and selling precious metals. The appellants are former customers of NAC who placed orders with the company and paid for them during the week of September 13, 1982, immediately before NAC filed for voluntary reorganization under Chapter 11 of the Bankruptcy Code. They brought this class action against the Bankruptcy Trustee,...

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