IN RE U. S. FINANCIAL INC.

Nos. 78-2802, 79-3684. Bankruptcy No. 17007.

648 F.2d 515 (1980)

In re U. S. FINANCIAL INCORPORATED, a Delaware Corp. & affiliates, Robert D. KELCE, Plaintiff-Appellant, v. U. S. FINANCIAL INCORPORATED, a Delaware corporation, and affiliates, and Swan Constructors, Inc., a California Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 2, 1980.

Rehearing Denied November 24, 1980.


Attorney(s) appearing for the Case

Jeffrey L. Beattie, Denver, Colo., William G. Wilson, Beverly Hills, Cal., for plaintiff-appellant, Robert D. Kelce.

William D Scheid, Denver, Colo., argued, Jason Barton Lumish, Beverly Hills, Cal., on brief, for defendant-appellee, Swan Const.

Before SKOPIL and FERGUSON, Circuit Judges, and LYDICK, District Judge.


FERGUSON, Circuit Judge.

Claimant Robert Kelce appeals from the entry of judgments on the pleadings against him in two proceedings under Chapter X of the Bankruptcy Act,1 consolidated on appeal. We affirm both judgments.

I. BACKGROUND

As of December, 1968, Kelce owned a condominium project and an adjacent apartment building in La Jolla, California. That month, Kelce entered into an agreement with the debtor, U...

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