JOHNSTON v. BARNEY

No. 84-2453.

842 F.2d 1221 (1988)

Jerald James JOHNSTON, Debtor-Appellant, v. Gary BARNEY, Trustee-Appellee.

United States Court of Appeals, Tenth Circuit.

March 28, 1988.


Attorney(s) appearing for the Case

Georg Jensen, Law Offices of Georg Jensen, Cheyenne, Wyo., for debtor-appellant.

Gary A. Barney, Gary A. Barney, P.C., Lander, Wyo., for trustee-appellee.

Before HOLLOWAY, Chief Judge, ANDERSON, Circuit Judge, and SAFFELS, District Judge.


SAFFELS, District Judge.

The debtor in this Chapter 7 bankruptcy proceeding, Jerald James Johnston, claimed an exemption under Wyoming law for his 1967 half-ton pickup truck, which he uses for transportation to and from his job as a waiter at a restaurant in Jackson, Wyoming. The trustee, Gary Barney, objected to the exemption, contending that under the Wyoming statute, the pickup truck was not "a motor vehicle ... used and kept for the purpose of carrying on" a trade...

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