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IN RE F.D. PROCESSING

No. 58275-1.

119 Wn.2d 452 (1992)

832 P.2d 1303

CERTIFICATION FROM THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON IN In the Matter of F.D. PROCESSING, INC., Debtor.

The Supreme Court of Washington, En Banc.

July 23, 1992.

Attorney(s) appearing for the Case

Hatch & Leslie, by John R. Rizzardi, for plaintiff Western Washington Milk Producers.

Timothy J. Carlson, Eric R. Hultman, and Halverson & Applegate, P.S.; Michael Loft and Layman, Loft, Arpin & White, for plaintiff Central Washington Producers.

Miller, Nash, Wiener, Hager & Carlsen, Steven M. Hedberg, and Peter S. Holmes, for defendants.

JOHNSON, J.

F.D. Processing, Inc., is the subject of Chapter 7 bankruptcy proceedings in federal court. The federal court has certified to us the question whether liens filed by milk producers against F.D. Processing are valid under state law. We answer this question in the negative. The statutes in effect when the milk was delivered did not authorize the liens. Moreover, the statutory amendment in 1991 that expressly authorizes liens for milk deliveries does not...

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