IN RE ONOULI-KONA LAND CO.

No. 87-1575.

846 F.2d 1170 (1988)

In re ONOULI-KONA LAND CO., a California limited partnership, Debtor. ONOULI-KONA LAND CO., a California limited partnership, Plaintiff-Appellant, v. ESTATE OF Hubert F. RICHARDS, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Order and Opinion May 17, 1988.


Attorney(s) appearing for the Case

Dean D. Choy and Tod Z. Tanaka, Case & Lynch, Honolulu, Hawaii, for plaintiff-appellant.

Harrison P. Chung, Robert D. Triantos and Presley W. Pang, Carlsmith, Wichman, Case, Mukai & Ichiki, Honolulu, Hawaii, for defendants-appellees.

Before CHAMBERS, GOODWIN and BEEZER, Circuit Judges.


ORDER

The opinion filed on April 14, 1988, is hereby withdrawn. In its place we file the attached opinion.

OPINION

BEEZER, Circuit Judge:

Onouli-Kona Land Co. owned property subject to a mortgage in favor of Estate of Richards, et al. After Estate of Richards sought to foreclose on the mortgage, Onouli-Kona filed a petition in bankruptcy. The bankruptcy court ordered a foreclosure sale by public auction; Estate of Richards submitted the...

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