Legal Opinion

Mastro v. Witt

Court of Appeals for the Ninth Circuit

Decided November 4, 1994No. Nos. 92-17042, 92-17117PublishedCited by 6 opinions

1Opinion of the Court

T.G. NELSON, Circuit Judge:

I

OVERVIEW

Michael and Joan Kelly1 Mastro (Mastro) appeal the district court’s finding that Samuel2 and Winifred Witt (Witt) had a first priority security interest in certain collateral. As a result of this priority, the district court held that Mastro must apply the receivables from the collateral, which he purchased at a foreclosure sale, toward a debt owed by Witt to Mastro. Mastro had secured this debt by obtaining Witt’s security interest in the collateral. Witt cross-appeals the district court’s denial of attorneys’ fees and partial denial of costs. We reverse…

2Cases cited7 opinions

  1. McLINN v. FJORDCourt of Appeals for the Ninth Circuit · 1984
  2. Aetna Casualty and Surety Co., Inc., a Connecticut Corporation v. Pintlar Corporation, a Delaware Corporation Gulf Resources and Chemical Company, a Delaware Corporation, Continental Re-Insurance Corp., a California Corporation Pacific Insurance Company, a California Corporation Fidelity & Casualty Co. Of New York, a New York Corporation v. Pintlar Corporation, a Delaware Corporation Gulf Resources and Chemical Company, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1991
  3. McKesson Drug Co. v. MarcusCourt of Appeals for the Ninth Circuit · 1983
  4. In Re Holiday Intervals, Inc.Court of Appeals for the Eighth Circuit · 1991
  5. In Re Robert B. Lee Enterprises, Inc., Debtor. Michael A. Grassmueck, Inc., Trustee v. Champion Credit CorporationCourt of Appeals for the Ninth Circuit · 1992

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3Cited by6 opinions

  1. Howard L. Chabner v. United of Omaha Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 2000
  2. Mastro v. WittCourt of Appeals for the Ninth Circuit · 1994
  3. D.E. Shaw Laminar Portfolios, LLC v. Archon Corp.District Court, D. Nevada · 2008
  4. Fed. Sec. L. Rep. P 72,223, 98 Cal. Daily Op. Serv. 5640, 98 Daily Journal D.A.R. 7853 Federal Trade Commission v. Mtk Marketing, Inc., D/B/A District Supply Center and Central Supply Center Nationwide Transport, Inc., D/B/A District Supply Center, Copy Resource Center, Inc., D/B/A District Supply Center and Central Supply Center Intel Marketing of California, Inc., D/B/A District Supply Center Telco Marketing, Inc., D/B/A Central Supply Center Paragon Shipping, Inc., D/B/A National Supply Center Acacia Properties, Inc., D/B/A National Supply Center Sam June Erick Graziano, A/K/A Eric Knight Donald N. Ryan Donna Green Colleen McCullough Jeanine Dora James Rem, D/B/A Central Supply Center and Jr AssociatesCourt of Appeals for the Ninth Circuit · 1998
  5. 97 Cal. Daily Op. Serv. 13, 97 Daily Journal D.A.R. 27 Douglas Arnold Gibson, by His Guardian Ad Litem Douglas Arnold Gibson, Individually and on Behalf of Individuals Similarly Situated and the General Public Diane Marie Gibson, by Her Guardian Ad Litem Douglas Arnold Gibson, Individually and on Behalf of Individuals Similarly Situated and the General Public Dustin Gibson, by His Guardian Ad Litem Douglas Arnold Gibson, Individually and on Behalf of Individuals Similarly Situated and the General Public Daniel Gibson, by His Guardian Ad Litem Douglas Arnold Gibson, Individually and on Behalf of Individuals Similarly Situated and the General Public James Dittmar, Individually and on Behalf of Individuals Similarly Situated and the General Public v. County of Riverside Larry Parrish, Individually and in His Official Capacity as Chief Administrative Officer Thomas Ingram, Individually and in His Official Capacity as Director of Building and Safety Scott Barber, Individually and in His Capacity as Supervising Code Enforcement Officer Joseph Tronti, Individually and in His Capacity as Senior Code Enforcement OfficerCourt of Appeals for the Ninth Circuit · 1997

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