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IN RE MISTURA, INC.

BAP No. AZ-81-1061LHK, Bankruptcy No. B-20-2090PHX-VM, Ad. No. 80-0681-VM.

22 B.R. 60 (1982)

In re MISTURA, INC., Debtor. Lee MARCUS and Ann Marcus, Appellants, v. McKESSON DRUG COMPANY, a division of Foremost-McKesson, Inc., a Maryland corporation, Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided June 24, 1982.

Opinion on Denial of Rehearing September 9, 1982.

Attorney(s) appearing for the Case

J. Lawrence Dunlavey, Sidney B. Wolfe, Wolfe & Harris, P.A., Phoenix, Ariz., for appellants.

Peter Rathwell, Snell & Wilmer, Phoenix, Ariz., for appellee.

Before LASAROW, HUGHES and KATZ, Bankruptcy Judges.

Opinion on Denial of Rehearing September 9, 1982. See 24 B.R. 586.

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...

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