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IN RE DANT & RUSSELL, INC.

No. 86-4435.

853 F.2d 700 (1988)

In re DANT & RUSSELL, INC., Debtors. BURLINGTON NORTHERN RAILROAD COMPANY, Creditor-Appellant, v. DANT & RUSSELL, INC., Debtor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 2, 1988.

Attorney(s) appearing for the Case

John Daniel Ballbach and Harry H. Schneider, Perkins & Coie, Seattle, Wash., for creditor-appellant.

Richard C. Josephson and Bruce A. Thomas, Stoel, Rives, Boley, Jones & Grey, Portland, Or., for debtor-appellee.

Before GOODWIN, NELSON and LEAVY, Circuit Judges.

GOODWIN, Circuit Judge:

Burlington Northern Railroad Company appeals from the district court order denying its claim for administrative expense priority against the bankruptcy estate of Dant & Russell, Inc. We affirm in part and reverse in part and remand for further proceedings.

Dant & Russell, Inc. (debtor-in-possession), operated a wood treatment plant and storage facilities on two parcels of land from...

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