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IN RE OXBORROW

No. 89-35073.

913 F.2d 751 (1990)

In re Kenneth D. OXBORROW, dba Wheatland Investment Company; Wheatland Supply, Inc., Debtors. Doug BERG; Stan Welch; Leroy Scott Hamilton, II; Russell Pixton; Harry Smithwick, et al., Appellants, v. Joseph A. ESPOSITO; John G. Layman, Co-Trustees of the Estate of Kenneth D. Oxborrow, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 6, 1990.

Attorney(s) appearing for the Case

D. Gordon Willhite, Mercer Island, Wash. and John R. Lewis, Yakima, Wash., for appellants.

John W. Campbell, Esposito, Tombari and George, Spokane, Wash., for appellees.

Before WRIGHT, REINHARDT and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

This is an appeal from the district court's affirmance of the bankruptcy court's order resolving an election dispute among creditors.

I

On September 28, 1984, debtor Kenneth D. Oxborrow filed for reorganization under Chapter 11 of the Bankruptcy Code. See 11 U.S.C.A. §§ 1101-1174 (West 1979 & Supp.1990). Oxborrow and others had operated an "investment pool" specializing in the commodities and futures...

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