Unpublished Disposition, 878 F.2d 386 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 878 F.2d 386 (9th Cir. 1989)

In re RODERICK TIMBER COMPANY.Ronald L. JACKSON, Claimant-Appellant,v.RAINIER NATIONAL BANK, St. Paul Fire & Marine InsuranceCompany, Steven Levy, Trustee, Defendants-Appellees.

No. 88-3597.

United States Court of Appeals, Ninth Circuit.

Submitted June 8, 1989.* Decided June 26, 1989.

Before SCHROEDER, BEEZER and BRUNETTI, Circuit Judges.


MEMORANDUM** 

Ronald Jackson, a holder of a log lien against Roderick Timber Company, appeals the district court's affirmance of the bankruptcy court's denial of his motion to intervene as of right in an adversarial proceeding to settle creditors' priorities. We review the district court's denial de novo. United States v. $129,374 in U.S. Currency, 769 F.2d 583, 585 (9th Cir. 1985).

The legal issues in this case have been settled by Miner Corp. v. Hunters Run Ltd. (In re Hunters Run), No. 88-3735 (9th Cir. May 26, 1989). Jackson's log lien was tolled by the operation of 11 U.S.C. § 108(c); therefore, Jackson had a right to intervene in the adversarial proceeding. See Fed. R. Civ. P. 24(a) (2); Citibank, N.A. v. Fidelity America Mortgage Co. (In re Fidelity America Mortgage Co.), 15 Bankr. 70, 71-72 (Bankr.E.D. Pa. 1981). Security Pacific Bank's remaining arguments, concerning the priority of Jackson's lien, should be initially considered and resolved in the adversarial proceeding.

REVERSED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3