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IN RE BRANDING IRON STEAK HOUSE

No. 74-2922.

536 F.2d 299 (1976)

In re BRANDING IRON STEAK HOUSE, a corporation, Bankrupt. Thomas C. WOOD, Trustee in Bankruptcy of the Estate of Branding Iron Steak House, a corporation, Bankrupt, Plaintiff-Appellant, v. Gordon X. RICHMOND, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 24, 1976.

Attorney(s) appearing for the Case

William J. Tierman, Santa Ana, Cal., for plaintiff-appellant.

Scott D. Richmond, Orange, Cal., for defendant-appellee.

Before ELY and WALLACE, Circuit Judges and VAN PELT, District Judge.

OPINION

ELY, Circuit Judge:

Richmond, the appellee, filed a claim against the bankrupt estate of Branding Iron Steak House, a corporation. The Bankruptcy Judge subordinated Richmond's claim to the claims of all other creditors of the bankrupt. The District Court reversed without opinion, and the Trustee appeals. We affirm.

The Bankruptcy Judge's findings of fact reveal the following: In 1961 Richmond and Alexander agreed to build, equip, and operate...

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