In re Weatherite

46 F.3d 1149 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 WEATHERITE, a California Corporation, Debtor. Gary A. PLOTKIN, Trustee, Plaintiff-Appellant, v. R & H MYERS COMPANY, INC., formerly known as Myers Bros. Construction Co. Inc., Defendants-Appellants. No. 93-55721. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1994. Decided Feb. 7, 1995. Before: GIBSON, * HUG, and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 The bankruptcy trustee for Weatherite appeals the district court's affirmance of the bankruptcy court's decision in favor of R & H Myers Company ("Myers"). For reversal, the Trustee contends that the bankruptcy court erred in ordering that Weatherite's pre-petition payments to Myers and an escrow account be used in partial satisfaction of the judgment on Myers' counterclaim. We have jurisdiction pursuant to 28 U.S.C. Sec. 158 (d) (1988), and we affirm. I. BACKGROUND 3 In July 1977, Myers sold its assets to Weatherite in…