MASTRO v. WITT

Nos. 92-17042, 92-17117.

39 F.3d 238 (1994)

Michael R. MASTRO, an unmarried man, individually, and Michael R. Mastro, as executor for the Estate of Joan Kelly Mastro, Deceased, and Michael R. Mastro as Beneficiary of the Estate of Joan Kelly Mastro, Deceased, and the Estate of Joan Kelly Mastro, Deceased, Plaintiffs-Appellants-Cross-Appellees, v. Winifred Q. WITT, an unmarried woman, individually, and Winifred Q. Witt, as Personal Representative of the Estate of Samuel O. Witt, Deceased, the Estate of Samuel O. Witt, Deceased, and Winifred Q. Witt and Samuel O. Witt, Deceased, Husband and Wife, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1994.


Attorney(s) appearing for the Case

Dillon E. Jackson, Foster, Pepper & Shefelman, Seattle, WA, for plaintiffs-appellants-cross-appellees.

Scott D. Gibson, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Tucson, AZ, for defendants-appellees-cross-appellants.

Before: POOLE, BEEZER and T.G. NELSON, Circuit Judges.


T.G. NELSON, Circuit Judge:

I.

OVERVIEW

Michael and Joan Kelly1 Mastro (Mastro) appeal the district court's finding that Samuel2 and Winifred Witt (Witt) had a first priority security interest in certain collateral. As a result of this priority, the district court held that Mastro must apply the receivables from the collateral, which he purchased...

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