In re HAWKINS COMPANY, LTD., an Idaho Corporation, Debtor.
United States Bankruptcy Court, D. Idaho.https://leagle.com/images/logo.png
July 28, 1989.
July 28, 1989.
Attorney(s) appearing for the Case
Jerry Jensen, Nelson, Rosholt, Robertson, Tolman & Tucker, Boise, Idaho, for debtor-in-possession.
Larry E. Prince, Holland & Hart, Boise, Idaho, for G. Kent Taylor.
Lloyd J. Walker, Twin Falls, Idaho, for various growers.
Jeffery J. Ventrella, Elam, Burke & Boyd, Boise, Idaho, for Department of Agriculture.
Thomas C. Mannschreck and Mark B. Perry, Moffatt, Thomas, Barrett & Blanton, Boise, Idaho, for First Sec. Bank.
David L. Whitney and Ronald P. Rainey, Alexanderson, Davis, Rainey, Whitney & Kerrick, Caldwell, Idaho, for California Bean Growers.
R. Michael Southcombe and Joseph M. Meier, Clemons, Cosho & Humphrey, Boise, Idaho, and Marc R. Carlson, Hopp, Beckmann & Lionberger, Longmont, Colo., for Klein Bros, Ltd.
Michael G. Morfitt, Boise, Idaho, for Small Business Admin.
Chris H. Hansen, Quane, Smith, Howard & Hull, Boise, Idaho, for Western Trading Co.
Gary L. McClendon, Boise, Idaho, for U.S. Trustee.
John M. Melanson, Weaver & Melanson, Buhl, Idaho, Richard D. Greenwood, Stephan, Slavin, Kvanvig, Greenwood, Stone & Trainor, Thomas M. Robertson, Coleman, McIntyre, Ritchie & Robertson, Fred D. Decker, Decker & Hollifield, Paula Brown Sinclair, Twin Falls, Idaho, Terry L. Myers, Givens, McDevitt, Pursley, Webb & Buser, Richard A. Cummings, Imhoff & Lynch, Boise, Idaho, for various growers.
Tom N. Ambrose, Lindsay, Hart, Neil & Weigler, Boise, Idaho, for United Fire and Casualty.
Grant Atkinson, on his own behalf.
United States Bankruptcy Court, D. Idaho.
MEMORANDUM OF DECISION
ALFRED C. HAGAN, Chief Judge.
BACKGROUND
At the time of the filing of this Chapter 11 petition, a shortage of beans existed in the debtor's agriculture commodities warehouse storage facility which is the subject of this case. At issue, currently, are the competing claims of ownership to the beans or proceeds of the beans in debtor's possession on January 6, 1989, the date of the filing. The competing interests are: the farmers...
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