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IN RE CHURCHILL NUT CO.

Bankruptcy No. 99-50671. Adversary No. 99-5389.

251 B.R. 143 (2000)

In re CHURCHILL NUT COMPANY, Debtor. John Richardson, not individually but as Chapter 7 Trustee, Plaintiff, v. Wells Fargo Bank, et al., Defendants.

United States Bankruptcy Court, N.D. California.

July 26, 2000.

Attorney(s) appearing for the Case

Craig Stuppi, Sarah M. Stuppi, Stuppi & Stuppi, Long Beach, California, for Boeger Family Farms.

Michelle Rubin, Law Offices of Michelle K. Rubin, Santa Cruz, California, for trustee John Richardson.

Thomas R. Duffy, Duffy & Guenther, Monterey, California, for Roy and Rita Lompa, Harlan and Mary Ann Winkle and R.C. Perry.

Frederick D. Holden, Brobeck, Phleger & Harrison, San Francisco, California, for Wells Fargo Bank.

Opinion

MARILYN MORGAN, Bankruptcy Judge.

INTRODUCTION

This matter comes before the Court on the motion of Boeger Family Farms ("Boeger") for summary judgment. The underlying complaint was brought by the Trustee to determine the validity, extent and priority of liens against proceeds from the sale of Churchill Nut's walnut inventory. Boeger seeks a finding that it holds a superior interest in the sales proceeds, while the Trustee contends...

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