Silva v. Smith's Pacific Shrimp, Inc. (In Re Silva)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
RUSSELL, Bankruptcy Judge:
This appeal arises from the granting of a motion for summary judgment declaring a federal court judgment to be nondischargeable. The debtor appeals. We REVERSE and REMAND.
I. FACTS
The debtor/appellant, John V. Silva (“Silva”) was an employee of Supreme Foods, Inc. (“Supreme Foods”), a Washington corporation, which distributed seafood products.
Sometime in 1991, Supreme Foods contacted the appellee, Smith’s Pacific Shrimp, Inc. (“Smith’s”), an Oregon corporation, to acquire “quick frozen” shrimp for retail sale. In order to purchase the “quick frozen” shrimp on…
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