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WAGNER v. PENNWEST FARM CREDIT, ACA

Nos. 96-3197, 96-3198, 96-3199.

109 F.3d 909 (1997)

Dewey A. WAGNER, Appellant, v. PENNWEST FARM CREDIT, ACA; a corporation. Dewey A. WAGNER, Appellant, v. PENNWEST FARM CREDIT, ACA; a corporation; Gary J. Gaertner, Trustee; James L. Witherup; Kathy L. Weaver. Dewey A. WAGNER, Appellant, v. PENNWEST FARM CREDIT, ACA; a corporation.

United States Court of Appeals, Third Circuit.

April 2, 1997.

Attorney(s) appearing for the Case

Stephen H. Hutzelman, Shapira, Hutzelman, Berlin & May, Erie, PA, for Appellant.

Louis J. Stack, Shafer, Swick, Bailey, Irwin, Stack & Millin, Meadville, PA, for Appellee Pennwest Farm Credit.

Henry W. Gent, III, Gent, Gent & Snyder, Franklin, PA, for Appellees James L. Witherup and Kathy L. Weaver.

Before SLOVITER, Chief Judge, STAPLETON and ALDISERT, Circuit Judges

OPINION OF THE COURT

SLOVITER, Chief Judge.

This appeal comes before us on the contention of appellant Dewey A. Wagner that the bankruptcy court, in an order affirmed by the district court, erred in holding that debtor Wagner's statutory right of first refusal under the Agricultural Credit Act ("ACA" or "Act"), 12 U.S.C. § 2001 — 2279aa-14 (1988), was not property of the bankruptcy estate. In order to decide that issue we confront the...

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