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MATTER OF NEW CONCEPT REALTY AND DEVELOPMENT, INC.

No. 83-4299.

753 F.2d 804 (1985)

In the Matter of NEW CONCEPT REALTY & DEVELOPMENT, INC., Debtor. BENJAMIN FRANKLIN SAVINGS & LOAN ASSOCIATION, Plaintiff-Appellant, v. NEW CONCEPT REALTY & DEVELOPMENT, INC., and L.D. Fitzgerald, as, and only as, Trustee, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted December 3, 1984.

Decided February 15, 1985.

Attorney(s) appearing for the Case

Howard W. Carsman, Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, Idaho, for plaintiff-appellant.

Jim D. Pappas, Green, Service, Gasser & Kerl, Pocatello, Idaho, for defendant-appellee.

Before FLETCHER and FARRIS, Circuit Judges, and CRAIG, District Judge.

PER CURIAM:

New Concept Realty & Development, Inc. ("New Concept"), filed for relief under Chapter 7 of the Bankruptcy Code. Benjamin Franklin Savings & Loan ("Benjamin Franklin"), filed a complaint in the bankruptcy court seeking to foreclose a deed of trust on a parcel of Idaho real property owned by New Concept. New Concept's predecessors in interest had executed the deed of trust in favor of Benjamin Franklin's predecessor in interest. It was recorded...

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