IN RE GREENE

No. 91-35491.

980 F.2d 590 (1992)

In re Richard D. GREENE and Donna J. Greene, husband and wife, Debtors, Ross RICHARDSON, Chapter 7, Trustee-Appellee, v. MT. ADAMS FURNITURE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 25, 1992.


Attorney(s) appearing for the Case

R. Wayne Bjur and Tim Weaver, Cockrill, Weaver & Bjur, Yakima, Wash., for defendant-appellant.

Ross P. Richardson, Henningsen, Vucurovich & Richardson, Butte, Mont., for trustee-appellee.

Before: ALARCON, RYMER, and T.G. NELSON, Circuit Judges.


T.G. NELSON, Circuit Judge:

Mt. Adams Furniture, a wholly-owned and operated business of the Yakima Indian Nation, appeals the district court's rejection of its claim of sovereign immunity in a bankruptcy proceeding imposing a judgment for preferential transfer by the debtor to Mt. Adams Furniture. We hold that the Yakima Indian Nation is immune from the suit by the trustee and reverse the district court.

FACTS AND PROCEDURAL HISTORY

Mt. Adams Furniture...

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