IN RE McCONVILLE

No. 95-15122.

110 F.3d 47 (1997)

In re: James Delbert McCONVILLE, Debtor. Tevis T. THOMPSON, Jr., Trustee, Plaintiff-Appellee, v. David MARGEN; Lawton Associates, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 21, 1996.

Opinion Withdrawn March 26, 1997.

Decided March 26, 1997.


Attorney(s) appearing for the Case

Jay-Allan Eisen, Eisen & Johnston Law Corporation, Sacramento, California, for the defendants-appellants.

Irving J. Kornfield, Kornfield, Paul & Bupp, Oakland, California, for the plaintiff-appellee.

Before: BROWNING and JOHN T. NOONAN, Jr., Circuit Judges, and MERHIGE, District Judge.


ORDER

The opinion filed on May 21, 1996, and amended on September 26, 1996 is hereby WITHDRAWN.

OPINION

NOONAN, Circuit Judge.

David Margen and Lawton Associates (the Lenders) appeal a judgment of the district court in favor of Tevis Thompson, Jr., (the Trustee), trustee in bankruptcy of James D. and Clara M. McConville (the Debtors). The judgment held voidable a deed of trust given by the Debtors...

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