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IN RE SAN JOAQUIN ROAST BEEF

No. 93-15016.

7 F.3d 1413 (1993)

In re SAN JOAQUIN ROAST BEEF, a California Corporation, Debtor. James M. FORD, as Trustee of the Estate of San Joaquin Roast Beef, a California Corporation, Plaintiff-Appellant, v. UNION BANK, Federal Savings and Loan Insurance Corporation, Presidio Savings and Loan Association, Federal Deposit Insurance Corporation, as Receiver of Presidio Savings and Loan Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 20, 1993.

Attorney(s) appearing for the Case

David R. Jenkins, Lang, Richert & Patch, Fresno, CA, for plaintiff-appellant.

Bonnie L. McCarthy, Atty. (argued), Tina A. Lamoreaux, Sr. Atty. (briefed), Bankruptcy Legal Div., F.D.I.C., Newport Beach, CA, for defendants-appellees.

Before: SNEED, POOLE and TROTT, Circuit Judges.

POOLE, Circuit Judge:

Chapter 7 trustee James M. Ford appeals the district court's decision affirming the bankruptcy court's dismissal of the trustee's action against the FDIC to recover preferential transfers allegedly made by the debtor, San Joaquin Roast Beef, to the FSLIC. The bankruptcy court dismissed the action as barred by 11 U.S.C. § 546(a)'s two-year statute of limitations.

Ford makes three arguments that his adversary proceeding was timely...

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