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IN RE ORANGE TREE ASSOCIATES, LTD.

No. 90-56181.

961 F.2d 1445 (1992)

In re ORANGE TREE ASSOCIATES, LTD., Debtor. DALE C. ECKERT CORPORATION, Appellant, v. ORANGE TREE ASSOCIATES, LTD.; New West Federal Savings and Loan Association, successor to American Savings and Loan Association, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 20, 1992.

Attorney(s) appearing for the Case

Kevin P. Duthoy, Bewley, Lassleben & Miller, Whittier, Cal., for appellant Dale C. Eckert Corp.

Theodor C. Albert, Buchalter, Nemer, Fields & Younger, Newport Beach, Cal., for appellee New West Federal Sav. and Loan Ass'n.

Judith Ilene Bloom, Tobin & Tobin, Los Angeles, Cal., for appellee Orange Tree Associates, Ltd.

Before: BROWNING, ALARCON and T.G. NELSON, Circuit Judges.

JAMES R. BROWNING, Circuit Judge:

I

Orange Tree Associates is a limited partnership formed to develop a 100-unit condominium complex in Long Beach, California. Before the condominium project was completed, Orange Tree filed a petition for Chapter 11 bankruptcy in the Los Angeles bankruptcy court.

Orange Tree's principal creditors were the bank that financed the project, whose successor in interest is appellee...

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