IN RE SWEETWATER

Bankruptcy Nos. 83A-2582, 84PA-1437 and 84PA-1438 and Nos. C 84-2169J and C 84-2170J.

55 B.R. 724 (1985)

In re SWEETWATER, a Utah corporation, et al., Debtors and Debtors in Possession. W. LaMonte ROBISON, as trustee for administrative claimants as assignees of a chose in action from Sweetwater, a Utah corporation, et al., Debtors and Debtors in Possession, Plaintiff-appellee, v. FIRST FINANCIAL CAPITAL MANAGEMENT CORPORATION, a Minnesota corporation, Defendant-appellant. W. LaMonte ROBISON, as trustee for administrative claimants as assignees of a chose in action from Sweetwater, a Utah corporation, et al., Debtors and Debtors in Possession, Plaintiff-appellee, v. CITICORP ACCEPTANCE COMPANY, INC., a Delaware corporation, Defendant-appellant.

United States District Court, D. Utah, C.D.

November 25, 1985.


Attorney(s) appearing for the Case

Ralph R. Mabey, Salt Lake City, Utah, for W. LaMonte Robison.

L. Mark Ferre, William F. Kuntz, Salt Lake City, for Citicorp Acceptance Co.

Rolf H. Berger, Philip V. Martino, Salt Lake City, Utah, for First Financial Capital Management Corp.


MEMORANDUM OPINION AND ORDER

JENKINS, Chief Judge.

The defendants in these related cases appealed the bankruptcy court's interlocutory order of December 17, 1984, denying their motions to dismiss. This court granted leave to appeal pursuant to Bankruptcy Rule 8003. The matter was argued before the court on April 1, 1985. L. Mark Ferre and William F. Kuntz appeared for the appellant Citicorp Acceptance Company. Rolf H. Berger and Philip V. Martino appeared...

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