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IN RE BLUE LAKE FOREST PRODUCTS, INC.

No. C-91-1911-SBA, Bankruptcy No. 91-10333, Adv. No. 91-1108.

143 B.R. 563 (1992)

In re BLUE LAKE FOREST PRODUCTS, INC., a California corporation, Debtor. The HOOPA VALLEY TRIBE, a federally-recognized Indian tribe, on its own behalf and as parens patriae for its members, Plaintiff, v. BLUE LAKE FOREST PRODUCTS, INC., a California corporation, et al., Defendants.

United States District Court, N.D. California.

July 15, 1992.

Attorney(s) appearing for the Case

Thomas P. Schlosser, Pirtle, Morisset, Schlosser & Ayer, Seattle, Wash., for plaintiff.

Jeffrey Druckman, Miller, Nash, Wiener, Hagen & Carlsen, Portland, Or., Walter J. Carter, Mitchell, Dedekam & Angell, Eureka, Cal., for Hongkong and Shanghai Banking Corp., Ltd.

Albert N. Kennedy, Tonkon, Torp, Marmaduke & Booth, Portland, Or., Richard A. Smith, Harland & Gromala, Eureka, Cal., for Blue Lake Forest Products, Inc.

Patricia A. Cutler, Jerome E. Matthews, Keker & Brockett, San Francisco, Cal., U.S. Trustees.

AMENDED ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (SUPERSEDES ORDER FILED MARCH 18, 1992)

ARMSTRONG, District Judge.

This case arises out of a transaction for the sale of logs owned by the United States in trust for the plaintiff Hoopa Valley Tribe ("the Tribe") to defendant Blue Lake Forest Products, Inc. ("Blue Lake"). The timber at issue was cut from a portion of trust land of the Hoopa Valley Reservation known as the Pine Creek L timber...

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