In Re F & N Acquisition Company, a Delaware Corporation, Debtor. Gottschalks, Inc., a Delaware Corporation v. F & N Acquisition Company, and Citibank

42 F.3d 1399 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 F & N ACQUISITION COMPANY, a Delaware corporation, Debtor. GOTTSCHALKS, INC., a Delaware corporation, Appellant, v. F & N ACQUISITION COMPANY, Appellee, and Citibank, Plaintiff. No. 93-35893. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1994. Decided Nov. 21, 1994. Before: WOOD, * HUG, and TANG, Circuit Judges. 1 MEMORANDUM ** 2 Appellant, Gottschalks, Inc., appeals from the district court's order affirming the bankruptcy court's grant of summary judgment. This court reviews a grant of summary judgment de novo. In re Agric. Research and Technology Group, 916 F.2d 528, 533 (9th Cir.1990). For summary judgment, the moving party must show that no genuine issue of material fact exists for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 323 , 106 S.Ct. 2548, 2553 (1986). Because we find that genuine issues of material fact exist regarding the terms of the sale approved at…