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IN RE SWEETWATER

Nos. 85-2933, 86-1013.

884 F.2d 1323 (1989)

In re SWEETWATER, et al., Debtors. CITICORP ACCEPTANCE COMPANY, INC., Appellee/Cross-Appellant, v. W. LaMonte ROBISON, as trustee for administrative claimants as assignees of a chose in action from Sweetwater, etc., Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

September 1, 1989.

Attorney(s) appearing for the Case

Alan L. Smith, LeBoeuf, Lamb, Leiby & MacRae, Salt Lake City, Utah (Carol Goodman and Steven J. McCardell of LeBoeuf, Lamb, Leiby & MacRae, were also on the brief), for appellant/cross-appellee Robison.

Randall J. Sunshine, Shearman & Sterling, New York City (L. Mark Ferre, Clyde & Pratt, Salt Lake City, Utah, George J. Wade and Steven E. Sherman of Shearman and Sterling, New York City, were also on the brief), for appellee/cross-appellant Citicorp Acceptance Co., Inc.

Before HOLLOWAY, Chief Judge, and BARRETT and BALDOCK, Circuit Judges.

HOLLOWAY, Chief Judge.

The court has before it an appeal and a cross-appeal from an order of the United States District Court for the District of Utah, Robison v. Citicorp Acceptance Co. (In re Sweetwater), 55 B.R. 724 (D.Utah 1985), which are consolidated. The trustee, Robison, appeals a ruling that avoiding powers assigned to him were nonassignable and that he cannot maintain suit to avoid a transfer made to Citicorp Acceptance...

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