STARZYNSKI v. SEQUOIA FOREST INDUSTRIES

No. 94-2284.

72 F.3d 816 (1995)

James S. STARZYNSKI, Liquidating Agent, Plaintiff-Appellant, v. SEQUOIA FOREST INDUSTRIES, doing business as Dinuba Timber Industries, Inc.; Robert E. Welch; Hampton Lumber Sales; Robert F. Welch; Temple-Inland Forest Products Corporation, a subsidiary of Temple Eastex; Cheshire Sales Company; Louisiana Pacific Corporation; Precision Pine & Timber, Inc.; Lumber, Inc.; Thunderbird Steel Corporation; Westar Timber Ltd.; Ponderosa Timber Company; Shollenbarger Wood Treating; Rust Equipment; Hacienda Home Centers, Inc.; Best Log Ind., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 26, 1995.


Attorney(s) appearing for the Case

Douglas T. Francis and James S. Starzynski, of Francis & Starzynski, P.A., Albuquerque, New Mexico, for appellant.

Paul M. Fish, of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, New Mexico, for appellees Sequoia Forest Industries; Temple-Inland Forest Products Corporation; Cheshire Sales Company; Lumber, Inc.; Westar Timber Ltd.; Ponderosa Timber Company; Rust Equipment; and Hacienda Home Centers, Inc.

John F. Caffrey, of John F. Caffrey, P.A., of Albuquerque, New Mexico, on the brief for Hampton Lumber Sales, Precision Pine & Timber, Inc., Shollenbarger Wood Treating, and Thunderbird Steel Corporation.

William Casey, of Keleher & McLeod, P.A., of Albuquerque, New Mexico, and David W. Hercher, of Miller, Nash, Wiener, Hager & Carlsen, of Seattle, Washington, on the brief for Louisiana-Pacific Corporation.

Before ANDERSON, HENRY, and BRISCOE, Circuit Judges.


BRISCOE, Circuit Judge.

Appellant James S. Starzynski was appointed as liquidating agent of the debtor Sound Building Products, Inc., by confirmation of a liquidating Chapter 11 bankruptcy plan. The plan provided Starzynski with authority to prosecute and settle all claims to avoid any transfers, liens, or setoffs that Sound Building could make under the Bankruptcy Code. Starzynski brought these fourteen consolidated adversary proceedings, seeking to avoid preferential...

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