IN RE SANNER

Bankruptcy No. B-91-07694-PHX-CGC, Adversary No. 97-184.

218 B.R. 941 (1998)

In re Darlene SANNER dba, Arizona Quality Granite, Debtor David BIRDSELL, Plaintiff, v. FORT McDOWELL SAND AND GRAVEL (an enterprise of the Fort McDowell Mohave-Apache Indian Community), Madison Granite Company, a Novak family liability company, John Kirk, Jane Doe Kirk, Stan Novak, Susan Rose Novak and Law Firms 1-10 and John Does 1-10 and Jane Roes 1-10., Defendants.

United States Bankruptcy Court, D. Arizona.

February 25, 1998.


Attorney(s) appearing for the Case

Gerald L. Shelley, Benjamin R. Norris, Quarles & Brady, Phoenix, AZ, for David A. Birdsell, Trustee.

Michael R. Rooney, Scott B. Cohen, Sacks Tierney P.A., Phoenix, AZ, for Madison Granite Company and Stan Novak.

Marian Smoker, Phoenix, AZ, for Sand and Gravel.

Eric M. Casper, Walker Ellsworth, P.L.C., Phoenix, AZ, for John Kirk.


ORDER RE: TRUSTEE'S MOTION FOR SUMMARY JUDGMENT AGAINST MADISON GRANITE COMPANY AND THE NOVAKS AND DEFENDANTS' CROSS MOTION FOR SUMMARY JUDGMENT

CHARLES G. CASE, II, Bankruptcy Judge.

(Under Advisement Ruling)

I. Introduction

Trustee David A. Birdsell ("Trustee") seeks summary judgment against Madison Granite Company and the Novaks ("Defendants") under the collusive bidding provision of 11 U.S.C. § 363(n). Trustee...

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