In re Westwood Lumber, Inc. Seattle-First National Bank v. Westwood Lumber, Inc.

932 F.2d 974 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re WESTWOOD LUMBER INC., Debtor. SEATTLE-FIRST NATIONAL BANK, Appellant, v. WESTWOOD LUMBER, INC., Appellee. 1 No. 90-35272. 2 United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 3, 1990. Decided May 3, 1991. 3 Before HUG and D.W. NELSON, Circuit Judges, and CARROLL * , District Judge. 4 MEMORANDUM ** 5 Seattle-First National Bank (Sea-First) appeals the district court's order finding that Sea-First's voluntary dismissal of its action against Westwood Lumber, Inc. (Westwood) violated the bankruptcy automatic stay provision of 11 U.S.C. Sec. 362 (a). The issue before us is whether dismissal pursuant to Washington Rule of Civil Procedure 41 constitutes either a "commencement or continuation" of an action in contravention of 11 U.S.C. Sec. 362 (a)(1) or an "act to obtain possession of property ... or to exercise control over property ..." in the form of Westwood's…