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IN RE PACIFIC HORIZONS, INC.

BAP No. CC-82-1344AbHV, Bankruptcy No. SA82-01088PE, Adv. No. SA 82-0650.

37 B.R. 653 (1983)

In re PACIFIC HORIZONS, INC., Debtor. PACIFIC HORIZONS, INC., Plaintiff-Appellee, v. Philip ERICKSON, Patricia Erickson, Hotel San Maarten of Laguna Beach, Inc., Laguna Beach Resorts, Inc., Defendants-Appellants.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided February 29, 1984.

Dissenting Opinion April 2, 1984.

Attorney(s) appearing for the Case

Roman A. Dimeo, Irvine, Cal., for defendants-appellants.

David B. Dimitruk, Newport Beach, Cal., for plaintiff-appellee.

Before ABRAHAMS, HUGHES and VOLINN, Bankruptcy Judges.

OPINION

HUGHES, Bankruptcy Judge.

This is an appeal from an order denying appellants' motion to expunge two lis pendens. We affirm in part and reverse in part.

I

Mr. and Mrs. Erickson, two of the appellants, are principals of the two corporate appellants. The Ericksons and one corporation, Hotel San Maarten of Laguna Beach, Inc., entered into an agreement with Pacific Horizons, Inc., wherein Pacific Horizons would develop Hotel San Maarten...

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