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  5. 832 F.2d 774 (1987)
 

U.S. v. SMITH

Nos. 1432, 1433, Dockets 86-5051, 5053.

832 F.2d 774 (1987)

UNITED STATES of America, Petitioner-Appellant, v. Dale SMITH, Suzanne Smith, Gordon E. Mills and Sharon R. Mills, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 9, 1987.

Attorney(s) appearing for the Case

Aaron B. Kahn, Atty., U.S. Dept. of Agr., Washington, D.C. (Roger P. Williams, U.S. Atty., Frank P. Geraci, Jr., Asst. U.S. Atty., Rochester, N.Y., James Michael Kelly, Associate Gen. Counsel and Raymond W. Fullerton, Asst. Gen. Counsel, U.S. Dept. of Agr., Washington, D.C., of counsel), for petitioner-appellant.

Michael A. Wineburg, Auburn, N.Y. (Wineburg, Weinstein, Scollan & Cannucciari, of counsel), for respondents-appellees.

Before NEWMAN, MINER and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

This case addresses the distinction between growing crops and harvested crops under Article 9 of the New York Uniform Commercial Code (McKinney 1964 & Supp.1987). The United States appeals from an order of the District Court for the Western District of New York, Michael A. Telesca, Judge, affirming a decision by the Bankruptcy Court for the Western District of New York, Edward D. Hayes, Bankruptcy Judge. The district court held that the...

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