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GARDENS OF CORTEZ v. JOHN HANCOCK MUT. LIFE

No. 77-1825.

585 F.2d 975 (1978)

In the Matter of Gardens of Cortez, Debtor-Appellant. GARDENS OF CORTEZ, Debtor-Appellant, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Creditor-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided October 26, 1978.

Attorney(s) appearing for the Case

Joel L. Wohlgemuth of Prichard, Norman, Reed & Wohlgemuth, Tulsa, Okl. and Robert N. Meals and Paul W. Bonapfel of Nicholson & Meals, Atlanta, Ga., for debtor-appellant.

James R. Waldo and Gary A. Bryant of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., for creditor-appellee.

Before LEWIS, McWILLIAMS and LOGAN, Circuit Judges.

PER CURIAM.

This is a bankruptcy case. Gardens of Cortez is a partnership which operates a 257-unit apartment complex in Tulsa, Oklahoma. John Hancock Mutual Life Insurance Company is the owner of the ground on which the complex is located, together with the improvements located thereon. Hancock entered into a long-term lease of the property with Gardens of Cortez, and in connection therewith Cortez executed a note and mortgage, as well as a ground lease, in favor...

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