IN RE VICTOR BUILDERS, INC.

No. 23329.

418 F.2d 880 (1969)

In the Matter of VICTOR BUILDERS, INC., Debtor. SILVER GATE SAVINGS AND LOAN ASSOCIATION, Appellant, v. C. J. CARLSON, Receiver and Trustee, Appellee.

United States Court of Appeals Ninth Circuit.

November 6, 1969.


Attorney(s) appearing for the Case

John M. Seitman (argued), of Scales, Patton, Ellsworth & Corbett, San Diego, Cal., for appellant.

James Biggins (argued), of Smith, Biggins & Crockett, San Diego, Cal., Franklin Orfield, C. J. Carlson, San Diego, Cal., for appellee.

Before DUNIWAY and HUFSTEDLER, Circuit Judges, and BYRNE, District Judge.


BYRNE, District Judge:

The appellant appeals from an order of the district court remanding the case to the referee to conduct further hearings to determine whether there exists an equity in the subject real property in excess of the appellant's lien.

Appellant holds a note in the principal amount of $115,000.00 secured by a trust deed on the subject property. In August, 1967, appellant started a non-judicial foreclosure under the trust deed, and on September...

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