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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.

34 B.R. 755 (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, Ninth Circuit.

October 12, 1983.

ORDER ON MOTION FOR REHEARING

Previously this panel reversed and remanded the trial court's summary judgment entered in favor of the Trustee. In re Gurs, 27 B.R. 163 (Bkrtcy.App. 9th Cir. 1983).

Record title to the real property in question was vested in the debtors. As the holder of the "rights and powers of" a bona fide purchaser under Title 11 U.S.C. (the "Code") § 544(a)(3), the Trustee sought to invalidate...

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