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IN RE HUNTINGTON LTD.

No. 79-3088.

654 F.2d 578 (1981)

In re The HUNTINGTON LIMITED, a limited partnership, dba The Sheraton Beach Inn, dba Driftwood Beach Club, Debtor-Appellee. Robert A. FISHER, Receiver, Plaintiff, v. CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California and The Huntington Limited, a limited partnership, dba The Sheraton Beach Inn, dba Driftwood Beach Club, Defendants. CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, Plaintiff-Appellant, v. The HUNTINGTON LIMITED, a limited partnership, dba Sheraton Beach Inn, dba Driftwood Beach Club, Debtor, and Robert A. Fisher, Receiver, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1981.

Attorney(s) appearing for the Case

Gary J. Miller, Sherman Oaks, Cal., argued, for plaintiff; Joseph C. Karol, Albert & Oliker, Los Angeles, Cal., on brief.

Andrew S. Clare, Loeb & Loeb, Los Angeles, Cal., argued, for defendants; Marc Levinson, Sidley & Austin, Los Angeles, Cal., on brief.

Before: WALLACE and ALARCON, Circuit Judges, and COPPLE, District Judge.

ALARCON, Circuit Judge:

Appellant City of Huntington Beach, California, [City] appeals from a district court affirmance of the judgment of the bankruptcy court wherein the bankruptcy court refused to terminate a lease of real property between the City and the Huntington Limited [debtor], a limited partnership. The bankruptcy court also ordered a sale of the leasehold interest without the City's consent, and permitted the proposed assignee to hypothecate the leasehold...

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