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IN RE MOORE

BAP No. CC-81-1117-HGV.

20 B.R. 670 (1982)

In re Beverly Ann MOORE, Debtor. RAMCO INDUSTRIES, a corporation, Appellant, v. Beverly Ann MOORE, Michael Moore and Robert Stopher, Trustee, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided April 6, 1982.

Attorney(s) appearing for the Case

Steven E. Smith, Hemar, Gordon & Rousso, Encino, Cal., for appellant.

Michael G. Dib, Huntington Beach, Cal., for appellees.

Before HUGHES, GEORGE and VOLINN, Bankruptcy Judges.

OPINION

HUGHES, Bankruptcy Judge:

Ramco Industries appeals from a judgment which dismissed its complaint for relief from the automatic stay imposed by 11 U.S.C. § 362 "on the merits." We construe the judgment as a determination that appellant is not stayed from enforcing its rights, if any, in the subject property and affirm.

I

In many respects, this case is similar to In re Preuss, 15 B.R. 896

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