IN RE GROFF

No. 87-2143.

898 F.2d 1475 (1990)

In re Lee GROFF a/k/a Benny Lee Groff and Gwen Groff a/k/a Doris Gwen Groff d/b/a Groff Cattle Company, Debtors. AGRI-TECH SERVICES, INC. and Morgan County Feeders, Inc.; Pickering-Groff; Ed Pickering, Plaintiffs-Appellees, v. CITIZENS BANK OF CLOVIS, Defendant-Appellant, Lee Groff, also known as Benny Lee Groff; Gwen Groff, also known as Doris Gwen Groff; Lee Groff Cattle Co.; El Paso National; Paul Sloane; Ersell Sloane; Thomas County Stockyards, Inc.; Wilcox Livestock Auction, Defendants.

United States Court of Appeals, Tenth Circuit.

March 26, 1990.


Attorney(s) appearing for the Case

Lynell G. Skarda, Clovis, N.M. (J. Kerwin Hollowwa of Spann, Latimer & Hollowwa, Albuquerque, N.M., on the briefs), for defendant-appellant The Citizens Bank of Clovis.

Robert H. Jacobvitz of Poole, Tinnin & Martin, Albuquerque, N.M., for plaintiffs-appellees Agri-Tech Services, Inc., and Morgan County Feeders, Inc.

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


LOGAN, Circuit Judge.

Citizens Bank of Clovis (Citizens Bank) appeals adverse rulings in both the bankruptcy and district courts in this priority dispute. Both courts determined that Citizens Bank had no interest in certain cattle held by a joint venture in which Lee Groff, a bankruptcy debtor, participated. The central issue on appeal is whether the rules governing partners' interests in partnership assets also apply to joint ventures. We hold that they do and, therefore...

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