IN RE PIONEER FORD SALES, INC.

No. 83-1479.

729 F.2d 27 (1984)

In re PIONEER FORD SALES, INC. Ford Motor Company, Appellant.

United States Court of Appeals, First Circuit.

Decided March 6, 1984.


Attorney(s) appearing for the Case

Jay Kelly Wright, Washington, D.C., with whom Peter A. Barnes, Hughes Hubbard & Reed, Washington, D.C., Thayer Fremont-Smith, Paul M. Stein, and Choate, Hall & Stewart, Boston, Mass., were on brief, for Ford Motor Company.

Joshua Teverow, Providence, R.I., with whom Tasca, Rotelli & Teverow, Providence, R.I., was on brief, for Toyota Village, Inc.

John R. Allen, and Hinckley & Allen, Providence, R.I., on brief for Pioneer Ford Sales, Inc.

John F. Cuzzone, Jr., Louis A. Geremia, and Quinn, Cuzzone, Geremia & Pennacchia, Providence, R.I., on brief for Creditors Committee.

Richard S. Mittleman, and Zietz, Mittleman & Webster, Providence, R.I., on brief for Fleet National Bank.

Before CAMPBELL, Chief Judge, and BOWNES and BREYER, Circuit Judges.


BREYER, Circuit Judge.

The Ford Motor Company appeals a federal district court decision, 30 B.R. 458, allowing a bankrupt Ford dealer (Pioneer Ford Sales, Inc.) to assign its Ford franchise over Ford's objection to a Toyota dealer (Toyota Village, Inc.). The district court decided the case on the basis of a record developed in the bankruptcy court. The bankruptcy court, 26 B.R. 116, had approved the transfer...

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