IN RE BAKERSFIELD WESTAR AMBULANCE, INC.

No. 96-16287.

123 F.3d 1243 (1997)

In re BAKERSFIELD WESTAR AMBULANCE, INC., Debtor. Randell PARKER, Appellant, v. COMMUNITY FIRST BANK, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 22, 1997.


Attorney(s) appearing for the Case

T. Scott Belden, Klein, DeNatale, Goldner, Cooper, Rosenlieb & Kimball, LLP, Bakersfield, CA (Michael S. Abril, on the brief), for appellant.

Ray T. Mullen, Law Office of Ray T. Mullen, Bakersfield, CA, for appellee.

Before: FARRIS and TASHIMA, Circuit Judges, and STAGG, Senior District Judge.


FARRIS, Circuit Judge:

Randell Parker, Chapter 7 Trustee for Bakersfield Westar, Inc., initiated this proceeding against Community First Bank to recover monies set off by the Bank within ninety days of Westar's petition in bankruptcy. The bankruptcy court entered summary judgment in favor of Parker. The district court reversed, and Parker appeals. We have jurisdiction under 28 U.S.C. § 158(d). We reverse.

I.

BACKGROUND

On July 13,...

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