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STEWART v. GURLEY

No. 84-3620.

745 F.2d 1194 (1984)

James P. STEWART, Trustee of the James P. Stewart and Jeanne F. Stewart Trust, Plaintiff-Appellee, v. Phillip S. GURLEY dba Modoc Rock, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1984.

Attorney(s) appearing for the Case

Douglas P. Cushing, Cushing & Haberlach, Medford, Or., for defendant-appellant.

Allen G. Drescher, Ashland, Or., for plaintiff-appellee.

Before KILKENNY and SCHROEDER, Circuit Judges, and JAMESON, District Judge.

PER CURIAM:

Phillip S. Gurley, a debtor in bankruptcy, appeals the district court's decision affirming the bankruptcy court's order granting Stewart relief from the automatic bankruptcy stay under 11 U.S.C. § 362(d).1 Gurley challenges the bankruptcy court's conclusion that he lacks "equity," within the meaning of 11 U.S.C. § 362(d)(2)(A), in an encumbered apartment complex upon which Stewart seeks to foreclose.

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