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IN RE FALK FARMS, INC.

BAP Nos. OR 87-1501-AsMeJ, OR 87-1954 and OR 88-1084, Bankruptcy No. 687-06104-W12, Adv. No. 687-5006-W.

88 B.R. 254 (1988)

In re FALK FARMS, INC., Debtor. PAC WEST AUCTION COMPANY, Appellant, v. FALK FARMS, INC., Appellee. Jerry STRASHEIM, Appellant, v. FALK FARMS, INC., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided June 23, 1988.

Attorney(s) appearing for the Case

Keith Y. Body, R.A. Carlson, McGavic & Boyd, P.C., Eugene, Or., for appellants.

Wilson C. Muhlheim, Hershner, Hunter, Moulton Andrews & Neill, Eugene, Or., for appellee.

Before ASHLAND, MEYERS and JONES, Bankruptcy Judges.

OPINION

ASHLAND, Bankruptcy Judge.

Pac West Auction Co. appeals from the bankruptcy court's judgment that a lease with an option to purchase was a lease intended as security and that the interest of Pac West Auction Company in the collateral was adequately protected. Jerry Strasheim, an assignee of Pac West Auction Company, appeals the bankruptcy court's order confirming Falk Farms' Chapter 12 plan. We affirm.

FACTS

In 1985 Falk Farms,...

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