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IN RE GUY F. ATKINSON CO. OF CALIFORNIA

BAP No. NC-99-1010-PLMe.

242 B.R. 497 (1999)

In re GUY F. ATKINSON COMPANY OF CALIFORNIA, a Delaware corporation, ATKN Company, fka Guy F. Atkinson Company, a Nevada corporation, ATKN Holdings, Ltd., fka Guy F. Atkinson Holdings, Ltd., a Canadian federal corporation, Debtors. Wells Fargo Bank, N.A., Appellant, v. Guy F. Atkinson Company of California, a Delaware corporation, doing business as ATKN Company of California; ATKN Company, formerly known as Guy F. Atkinson Company, a Nevada corporation; ATKN Holdings, Ltd., formerly known as Guy F. Atkinson Holdings, Ltd., a Canadian federal corporation; Official Committee of Unsecured Creditors of Guy F. Atkinson Company; Fidelity and Deposit Company of Maryland; and American International Group of Companies, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 6, 1999.

Attorney(s) appearing for the Case

G. Larry Engel, Thomas M. Peterson, Brobeck, Phleger & Harrison, LLP, San Francisco, CA, for Wells Fargo Bank.

Richard Willard, Steptoe & Johnson, LLP, Washington, DC, for Fidelity and Deposit Company of Maryland.

Before PERRIS, LAX, and MEYERS, Bankruptcy Judges.

OPINION

PERRIS, Bankruptcy Judge.

Appellant Wells Fargo Bank, N.A., as agent for itself, Bear Stearns & Co., Inc. and Cerberus Partners, LP (the banks), appeals from an order of the bankruptcy court authorizing appellees Fidelity and Deposit Company of Maryland and American International Group (the bonding companies) to negotiate and propose compromises of disputes with owners of debtors' bonded construction...

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