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IN RE SABAN

BAP No. AZ-82-1269 EAsH, Bankruptcy No. 82-0334-PHX-VDM, Adv. No. 82-254-VDM.

30 B.R. 534 (1983)

In re Ned SABAN and Loretta Livingston Saban, Debtors. U-HAUL CO. OF ARIZONA, an Arizona corporation, Appellee, v. Ned SABAN and Loretta Livingston Saban, Appellants.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided June 7, 1983.

Attorney(s) appearing for the Case

Ronald H. Cimala, Mayer, Vucichevich & Cimala, Phoenix, Ariz., for appellants.

Michael S. Rubin, Mariscal, Weeks, McIntyre & Friedlander, Phoenix, Ariz., for appellee.

Before ELLIOTT, ASHLAND and HUGHES, Bankruptcy Judges.

OPINION

ELLIOTT, Bankruptcy Judge:

Ned Saban ("Saban") is a U-Haul rental agent who operates two rental facilities in Phoenix, Arizona. Saban and his wife, Loretta Livingston Saban, (collectively "the Sabans") are joint chapter 11 debtors under Title 11 United States Code (the "Bankruptcy Code"). They appeal from summary judgment in favor of U-Haul of Arizona ("U-Haul") holding that Saban breached his contract and enforcing against Saban a covenant not to...

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