Legal Opinion

Marcus v. McKesson Drug Co. (In Re Mistura, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 9, 1982No. BAP No. AZ-81-1061LHK, Bankruptcy No. B-20-2090PHX-VM, Ad. No. 80-0681-VMPublishedCited by 8 opinions

1Opinion of the Court

OPINION

HUGHES, Bankruptcy Judge:

This appeal questions the trial court’s construction of Arizona’s Commercial Code, its evidentiary rulings and, ultimately, its order holding that appellants’ security interest in personal property is subordinate to appellee’s.

I

Mr. and Mrs. Marcus, the appellants, sold a drug store to Mistura, Inc., taking back a security interest in the personal property for the unpaid balance of the purchase price. They also leased the business premises to Mistura. Subsequently, Mistura sought financing from a number of sources and eventually obtained a loan from McKesson…

2Cases cited7 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Lewis v. AndersonCourt of Appeals for the Ninth Circuit · 1979
  3. Lola Rabon v. Guardsmark, Inc.Court of Appeals for the Fourth Circuit · 1978
  4. Goldberg Co. v. County Green Ltd. PartnershipDistrict Court, W.D. Virginia · 1977
  5. In Re DavidoffDistrict Court, S.D. New York · 1972

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Pieri v. Lysenko (In Re Pieri)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  2. McKesson Drug Co. v. MarcusCourt of Appeals for the Ninth Circuit · 1983
  3. In Re Le Sueur's Fiesta Store, Inc.United States Bankruptcy Court, D. Arizona · 1984
  4. Smith v. Lachter (In Re Smith)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  5. Bank of Holmen v. Ruf (In Re Ruf)United States Bankruptcy Court, W.D. Wisconsin · 1983

3 more not listed; retrieve them via the Exa API.

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