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IN RE CAPITAL WEST INVESTORS

Civ. No. 95-20323 SW.

186 B.R. 497 (1995)

In re CAPITAL WEST INVESTORS, a California Limited Partnership, Debtor.

United States District Court, N.D. California.

September 20, 1995.

Attorney(s) appearing for the Case

Craig M. Prim, Murray & Murray, Palo Alto, CA, for Capital West Investors.

Douglas Boven, Crosby Heafey Roach & May, Oakland, CA, for Trilex Financial Services, Inc.

Marcia E. Gerston, Levy Greenfield & Davidoff, San Jose, CA, for Jim Woodson and Denny McLarry.

Richard G. Wise, Greenstein DeLerome & Luchs, Washington, DC, Thomas C. Holman, Holman & O'Grady, San Francisco, CA, for Reilly Mortgage Group, Inc.

Victoria E. Young, U.S. Atty.'s Office, San Francisco, CA, Brendan Collins, U.S. Dept. of Justice, Washington, DC, for U.S.

ORDER REVERSING AND REMANDING THE BANKRUPTCY COURT'S CONFIRMATION OF CAPITAL WEST'S PLAN OF REORGANIZATION

SPENCER WILLIAMS, District Judge.

Appellants Department of Housing and Urban Development ("HUD") and Reilly Mortgage Group, Inc. ("Reilly") brought this appeal from the bankruptcy court's confirmation of a Chapter 11 reorganization plan proposed by Appellee Capital West Investors ("Capital West"). Based on the following, the Court finds that the bankruptcy...

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