Best Distribution Co. v. Wells Fargo Bank

576 F.2d 1360 In the Matter of BEST DISTRIBUTION CO., a California Corporation, Bankrupt. Kerry M. GOUGH, Trustee, Appellant and Cross-Appellee, v. WELLS FARGO BANK, Appellee and Cross-Appellant. Nos. 75-3728 and 76-1065. United States Court of Appeals, Ninth Circuit. May 16, 1978. As Corrected June 22, 1978. Robert R. Barton (argued), Oakland, Cal., for appellant and cross-appellee. Atherton Phleger (argued), of Brobeck, Phleger & Harrison, San Francisco, Cal., for appellee and cross-appellant. Appeal from the United States District Court for the Northern District of California. Before DUNIWAY, WRIGHT and CHOY, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 The trustee in bankruptcy for Best Distribution Company (Best) appeals from an order of the district court affirming the bankruptcy judge's 1 finding that he did not have summary jurisdiction over the trustee's counterclaim. Wells Fargo Bank (Bank) cross appeals from the district court's order granting a set off in the amount of the trustee's counterclaim. The cross-appeals present these questions: 2 (1) Did the Bank timely file its petition for review of the bankruptcy judge's order?(2) Did the bankruptcy judge have…