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IN RE CABAZON INDIAN CASINO

BAP No. CC-82-1578-GV Ab, Bankruptcy No. SB 81-03397 WH, Adv. No. SB 82-0174-WH.

35 B.R. 124 (1983)

In re CABAZON INDIAN CASINO, Debtor. Rocco ZANGARI, Plaintiff-Appellant, v. CABAZON INDIAN CASINO, Defendant-Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided December 29, 1983.

Attorney(s) appearing for the Case

Leonard A. Bock, Bock & Stoddard, Palm Spring, Cal., for plaintiff-appellant.

Glenn M. Feldman, Ziontz, Pirtle, Morisset, Ernstoff & Chestnut, Washington, D.C., for defendant-appellee.

Before GEORGE, VOLINN and ABRAHAMS, Bankruptcy Judges.

OPINION

GEORGE, Bankruptcy Judge:

Appeal has been taken in this adversary proceeding from a summary judgment entered by the trial court in favor of the defendants. Because we believe that there remains a material question of fact to be resolved in this matter, we reverse the judgment of the court below and remand for further proceedings not inconsistent with this memorandum.

I. BACKGROUND

On or about September 25, 1980, the plaintiff, ROCCO...

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