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IN RE ETALCO, INC.

BAP No. WW-00-1630-RRyH. Bankruptcy No. 99-14017. Adversary No. 00-07484.

273 B.R. 211 (2001)

In re ETALCO, INC., Debtor. Etalco, Inc., Appellant, v. AMK Industries, Inc., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed December 20, 2001.

Attorney(s) appearing for the Case

Michael M. Feinberg, Walter E. Barton, Karr Tuttle Campbell, Seattle, WA, for Etalco, Inc.

Michael L. Dillard, Karnopp, Petersen, Noteboom, Hansen, Arnett & Sayeg, Bend, OR, for AMK Industries, Inc.

Before RUSSELL, RYAN and HAINES, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge.

The appellant, a Washington-based company, filed its voluntary chapter 112 petition in the United States Bankruptcy Court for the Western District of Washington. The appellant and appellee, a Nevada-based company with its principal place of business in California, entered into a postpetition contract for the transport of a 350-ton piece of equipment from California to Texas. The contract...

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