In re Thaut

65 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Leonard B. THAUT, Debtor. Ford ELSAESSER, Trustee, Plaintiff-Appellee, v. LEWIS & CLARK INVESTMENT ENTERPRISES, INC., an Idaho corporation, d/b/a Benewah Adjustment Service, Defendant-Appellant. No. 94-35564. United States Court of Appeals, Ninth Circuit. Submitted July 19, 1995. * Decided Aug. 16, 1995. 1 Before: FARRIS, NOONAN, and HAWKINS Circuit Judges. 2 MEMORANDUM ** 3 Lewis & Clark (BAS) appeals the district court's affirmance of the bankruptcy court's grant of summary judgment in favor of Ford Elsaesser (Elsaesser), the trustee in Leonard Thaut's bankruptcy proceeding seeking recovery of garnished wages from BAS as a preference under 11 U.S.C. Sec. 547 (b). We affirm the district court. PROCEEDINGS AND ANALYSIS 4 The district court affirmed the bankruptcy court's findings that BAS had failed to show a genuine issue of material fact precluding the grant of summary judgment. BAS argues on…