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IN RE HEIDE

No. 89-35546.

915 F.2d 531 (1990)

In re Melvin G. HEIDE and M. Larayne Heide, husband and wife, Debtors. Stimson BULLITT, Trustee in bankruptcy for Melvin G. Heide and M. Larayne Heide, husband and wife, Plaintiff-Appellee, v. MADING KING COUNTY ENTERPRISES, INC., a Washington corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 1, 1990.

Attorney(s) appearing for the Case

Patrick George Toulouse, Wettrick, Toulouse, Lirhus & Hove, Seattle, Wash., for defendant-appellant.

Kary L. Krismer, Williams, Kastner & Gibbs, Bellevue, Wash., for plaintiff-appellee.

Before HUG, NELSON and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

Stimson Bullitt, the trustee in the underlying bankruptcy action in this case, moved for summary judgment to avoid Mading King County Enterprises, Inc.'s (Mading's) interest in a real estate contract based on Mading's failure to perfect their interest under Article 9 of the Uniform Commercial Code (UCC) as enacted in Washington state (hereinafter Article 9). The bankruptcy court granted the trustee's motion for summary judgment, and the district...

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