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MATTER OF SOUTHWEST RESTAURANT SYSTEMS, INC.

No. 77-1716.

607 F.2d 1241 (1979)

In the Matter of SOUTHWEST RESTAURANT SYSTEMS, INC., an Arizona Corporation, d/b/a Pinnacle Peak Patio. John EVANS, Trustee-Appellee, v. STOCKTON & HING, Creditor-Appellant.

United States Court of Appeals, Ninth Circuit.

September 5, 1979.

Attorney(s) appearing for the Case

Ronald E. Warnicke (argued), Treon, Warnicke, Dann & Roush, Phoenix, Ariz., for creditor-appellant.

Powell B. Gillenwater (argued), Phoenix, Ariz., for trustee-appellee.

Before TUTTLE, DUNIWAY and ELY, Circuit Judges.

TUTTLE, Senior Circuit Judge:

This appeal tests the correctness of the denial by the bankruptcy court of a claim in the Chapter X reorganization of Southwest Restaurant Systems, Inc. for attorneys' fees in payment for services rendered by the appellant lawyers for two stockholders of the corporation, holding two-thirds of common stock and serving as two of three directors of the corporation which undertook to "indemnify" them for their counsel fees.

Southwest...

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