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IN RE CUMMINS

BAP No. CC-81-1038-VGH, Bankruptcy No. SA 80-01682 PE, Adv. No. SA 80-0860.

15 B.R. 893 (1981)

In re Melvin Beecher CUMMINS and Louise Olivia Cummins, Debtors. James A. FRANKFURTH dba the Wizard Group, Plaintiffs-Appellants, v. Melvin Beecher CUMMINS and Louise Olivia Cummins, Defendants-Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided December 11, 1981.

Attorney(s) appearing for the Case

Lisa Keehan Hughes, Hughes & Associates, Fullerton, Cal., for plaintiffs-appellants.

Ralph G. Pagter, Santa Ana, Cal., for defendants-appellees.

Before VOLINN, GEORGE and HUGHES, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge.

I.

The appellant, James A. Frankfurth, is a licensed real estate broker. The appellee, Melvin B. Cummins, is a real estate developer who filed a Chapter 11 proceeding on July 1, 1980. Cummins, as debtor-in-possession, executed, in September, 1980, written exclusive listing agreements with respect to two parcels of real estate, debtor's principal assets, which provided that if the properties were sold by anyone...

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