878 F.2d 386
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 RODERICK TIMBER COMPANY.
Ronald L. JACKSON, Claimant-Appellant,
v.
RAINIER NATIONAL BANK, St. Paul Fire & Marine Insurance
Company, 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. Sec. 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.