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IN RE GURS

BAP Nos. NC-82-1108 EVK, NC-82-1109 EVK, Bankruptcy No. 3-80-02061 LK, Adv. Nos. 3-81-0081 LK, 3-81-0095 LK.

27 B.R. 163 (1983)

In re George R. GURS and Ann E. Gurs, Debtors. James M. SAGHI and Carl F. Roepke, Sr., Appellants, v. Edward M. WALSH, Trustee, Appellee. Edward M. WALSH, Trustee, Appellee, v. James M. SAGHI, Carl F. Roepke, et al., Appellants.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

February 18, 1983.

Attorney(s) appearing for the Case

Raymond C. Marshall (argued), McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., Dek Ketchum (argued), Burlingame, Cal., Dean Pasvankias (argued), Kaplan & Pasvankias, George D. Humphreys (appeared), San Francisco, Cal., for appellants.

Linda Sorensen (argued), Phelan, Stuppi & Sorensen, San Francisco, Cal., for appellee.

Before ELLIOTT, VOLINN and KATZ, Bankruptcy Judges.

OPINION

ELLIOTT, Bankruptcy Judge:

Appellants claimed that the debtors, George E. Gurs and his wife Ann E. Gurs, held record title to certain commercial real property located in Foster City, California as trustees of a resulting or constructive trust either in appellants' favor or in favor of business entities in which they claim interests. The claim is founded upon the argument that the debtors never held more than "bare legal title" to the property which...

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