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MONTE VISTA LODGE v. GUARDIAN LIFE INS. CO. OF AMERICA

No. 21303.

384 F.2d 126 (1967)

MONTE VISTA LODGE, Appellant, v. The GUARDIAN LIFE INSURANCE CO. OF AMERICA, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 28, 1967.

Attorney(s) appearing for the Case

Joseph Fisch, Rubin, Seltzer & Solomon, San Diego, Cal., for appellant.

Sterling Hutcheson, Gray, Cary, Ames & Frye, San Diego, Cal., Adams, Duque & Hazeltine, Los Angeles, Cal., for appellee.

Before BARNES and DUNIWAY, Circuit Judges, and FERGUSON, District Judge.

FERGUSON, District Judge:

This appeal is from an order of the district court rendered in a Chapter X proceeding of the Bankruptcy Act. Jurisdiction of the district court over such proceeding is granted by Section 2 of the Act (11 U.S.C. § 11), and this court has jurisdiction pursuant to Section 24 (11 U.S.C. § 47).

Prior to May 1, 1963, the parties entered into negotiations for a loan to be used by Monte Vista Lodge, a California corporation, for...

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