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IN RE SONOMA V

BAP No. NC-81-1178 VEK, Bankruptcy No. 1-80-00463, Adv. No. 1-80-0097.

23 B.R. 789 (1982)

In re SONOMA V, a California general partnership, Debtor. ROCKEFELLER CENTER CONSTRUCTION CORPORATION OF CALIFORNIA, a corporation, Defendant-Appellant, v. SONOMA V, a California general partnership, Plaintiff-Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided August 27, 1982.

Attorney(s) appearing for the Case

Harlow P. Rothert, Hancock, Rothert & Bunshoft, San Francisco, Cal., for defendant-appellant.

Malcolm A. Misuraca, Misuraca, Beyers & Costin, Santa Rosa, Cal., for plaintiff-appellee.

Before VOLINN, ELLIOTT and KATZ, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge:

Sonoma V, a general partnership, was a developer of a shopping center known as the Sonoma Marketplace. Rockefeller Center Construction Corporation of California (Rockefeller), is a general contractor. Sonoma V and Rockefeller entered into three contracts with respect to the Sonoma Marketplace: a contract executed on March 17, 1979, for site work; a basic building shell contract executed on March 13, 1979; and a contract...

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