IN RE EASTPORT ASSOCIATES


935 F.2d 1071 (1991)

In re EASTPORT ASSOCIATES, Debtor (Two Cases). EASTPORT ASSOCIATES, Plaintiff-Appellee, v. CITY OF LOS ANGELES, Defendant-Appellant. EASTPORT ASSOCIATES, Plaintiff-Appellant, v. CITY OF LOS ANGELES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1991.

As Amended on Denial of Rehearing July 31, 1991.


Attorney(s) appearing for the Case

Margaret M. Morrow, Quinn, Kully and Morrow, Los Angeles, Cal., for plaintiff-appellant/cross-appellee.

James K. Hahn, City Atty., Claudia McGee Henry, Sr. Asst. City Atty., Anthony Saul Alperin, Asst. City Atty., and Jeri L. Burge, Deputy City Atty., Los Angeles, Cal., for defendant-appellee/cross-appellant.

Nancy K. Chiu, Deputy Atty. Gen., Los Angeles, Cal. and John B. Murdock, Santa Monica, Cal., for amici.

Before WALLACE, Chief Judge, and O'SCANNLAIN and RYMER, Circuit Judges.


RYMER, Circuit Judge:

Eastport Associates ("Eastport") filed for bankruptcy under Chapter 11 of the Bankruptcy Code. In the course of the bankruptcy proceeding, Eastport initiated an adversary proceeding against the City of Los Angeles ("the City") seeking declaratory relief on the issue of whether California law entitled it to an extension of time for final approval of a subdivision proposal. The bankruptcy court granted summary judgment to Eastport. The district...

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