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IN RE DESTRO

No. 80-5166.

675 F.2d 1037 (1982)

In re Esther B. DESTRO, Unidesco, Inc., Bankrupt. Lucien PELLERIN, Plaintiff-Appellant, v. Jon R. STUHLEY, Trustee, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 26, 1982.

Attorney(s) appearing for the Case

Arthur J. Bilava, Anaheim, Cal., for plaintiff-appellant.

Robert P. Sprague, Neben & Starrett, Inc., Anaheim, Cal., for defendant-appellee.

Before FERGUSON and NORRIS, Circuit Judges, and CRAIG, District Judge.

CRAIG, District Judge.

Plaintiff was the holder of two promissory notes in the amount of $25,000.00 each, made by the bankrupts and secured by trust deeds on certain real property of the bankrupts. On May 1, 1976, the bankrupts and the plaintiff entered into an agreement whereby the bankrupts promised to give the plaintiff $5,000.00 cash, plus a new note for $20,000.00, secured by a new trust deed on the bankrupts' real property located in Buena Park, California....

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