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IN RE GAYNES

BAP No. AZ-82-1306-KGH, Bankruptcy No. B 81-1074, Adv. No. 81-204.

27 B.R. 161 (1983)

In re Norman I. GAYNES and Elaine N. Gaynes, Debtors. Norman I. GAYNES and Elaine N. Gaynes, husband and wife, Plaintiffs-Appellants, v. Warren FREEMAN, et ux., et al., Defendants-Appellees. Warren FREEMAN, et ux., et al., Counterclaimants-Appellees, v. Norman I. GAYNES and Elaine N. Gaynes, husband and wife, Counterdefendants-Appellants.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided January 28, 1983.

Attorney(s) appearing for the Case

Douglas C. Fitzpatrick, Sedona, Ariz., for appellants.

Jack D. Klausner, Daryl Manhart, Burch & Cracchiolo, P.A., Larry McCormley, Ahern & McCormley, Phoenix, Ariz., for appellees.

Before KATZ, GEORGE, and HUGHES, Bankruptcy Judges.

OPINION

HERBERT KATZ, Bankruptcy Judge.

This is an appeal from an order granting summary judgment on a claim for breach of contract and from a directed verdict dismissing two additional claims alleging negligence. A review of the Findings of Fact and Conclusions of Law provided by the trial court causes us to AFFIRM.

The Gayneses, a married couple, moved to Arizona in 1976. They subsequently decided to purchase...

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