In Re Zodiac Investment, Inc., Debtor. Glen Nelson, Trustee for Zodiac Investment, Inc. v. California Pozzolan Edward Scharf

959 F.2d 244 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 ZODIAC INVESTMENT, INC., Debtor. Glen NELSON, Trustee for Zodiac Investment, Inc., Appellant, v. CALIFORNIA POZZOLAN; Edward Scharf, Appellees. No. 90-16647. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 12, 1991. Decided March 31, 1992. Before WILLIAM B. NORRIS, BEEZER and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 This case considers whether a transfer of mining claims in anticipation of a merger agreement produces a joint venture if the parties never conclude their merger agreement and the transferee works the claims. The Bankruptcy Appellate Panel (BAP) reversed the bankruptcy court's judgment, which was predicated on the existence of a joint venture. Glen Nelson, trustee for Zodiac Investment, Inc. (Zodiac), appeals the BAP's reversal. 3 * This case has seen years of litigation and numerous bankruptcy court orders attempting to allocate the ownership of the pozzolan and pumice…