In Re Axton
Opinion
Opinion
641 F.2d 1262 7 Bankr.Ct.Dec. 694 In re T. R. AXTON, Sr., Corporation d/b/a Hollandease Restaurant, a California Corporation, Debtor. NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a Wisconsin Corporation, Plaintiff-Appellee, v. T. R. AXTON, Sr., Corporation, d/b/a Hollandease Restaurant, a California corporation, Carlyle Michelman, Receiver, Defendant-Appellant. No. 77-3801. United States Court of Appeals, Ninth Circuit. Submitted Sept. 7, 1979. Decided March 16, 1981. 1 Joel Mithers, Los Angeles, Cal., for defendant-appellant. 2 William A. Halama, Los Angeles, Cal., for plaintiff-appellee. 3 Appeal from the United States District Court for the Central District of California. 4 Before WRIGHT and WALLACE, Circuit Judges, and HOFFMAN, Senior District Judge. * HOFFMAN, Senior District Judge: 5 This is an appeal by the receiver and debtor-in-possession from an order of the district court affirming an order of the bankruptcy judge in a Chapter XI proceeding sustaining a motion for summary judgment in favor of Northwestern Mutual Life Insurance Company and dismissing the appellants' cross-claims for lack of jurisdiction. 6 The debtor, T. R. Axton, Sr., Corporation d/b/a Hollandease…