Bankr. L. Rep. P 75,628, 17 Employee Benefits Cas. 1982 in Re Laurence Charles Rueter and Sharri Lorraine Rueter, Debtors. Peter H. Arkison, Trustee v. UPS Thrift Plan

11 F.3d 850 Bankr. L. Rep. P 75,628, 17 Employee Benefits Cas. 1982 In re Laurence Charles RUETER; and Sharri Lorraine Rueter, Debtors. Peter H. ARKISON, Trustee, Appellee, v. UPS THRIFT PLAN, Appellant. No. 91-36347. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 4, 1993 * . Memorandum Filed Oct. 15, 1993. Order and Opinion Filed Dec. 8, 1993. Bruce D. Corker, Perkins Coie, Seattle, WA, for appellant. Peter H. Arkison, Bellingham, WA, for appellee. Appeal from the United States District Court for the Western District of Washington, Thomas S. Zilly, District Judge, Presiding. Before: GOODWIN, SCHROEDER, PREGERSON, Circuit Judges. ORDER 1 The request for publication is GRANTED. 2 The memorandum disposition filed October 15, 1993, is redesignated as an authored opinion by Judge Goodwin. OPINION GOODWIN, Circuit Judge: 3 Appellant UPS Thrift Plan (the "Plan") appeals the district court's judgment reversing the decision of the bankruptcy court, which granted the Plan's motion for summary judgment. The district court ordered the Plan to turn over to Appellee Peter H. Arkison, ("Trustee"), funds held on behalf of the debtors, Laurence Charles Rueter and Sharri…