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IN RE THOMAS

Nos. 84-5658, 84-5528.

765 F.2d 926 (1985)

In re Robert Lee THOMAS, Debtor. Robert & Karen LUCAS, Plaintiffs-Appellants, v. Robert Lee THOMAS, Defendant-Appellee. California Real Estate Recovery Fund, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Decided July 12, 1985.

Attorney(s) appearing for the Case

David I. Kelvin, San Mateo, Cal., for plaintiffs-appellants.

Lawrence P. Scherb, II, Deputy Atty. Gen., Los Angeles, Cal., for defendant-appellee.

Before KENNEDY, PREGERSON, and HALL, Circuit Judges.

PREGERSON, Circuit Judge.

Appellants, Robert and Karen Lucas, applied for payment from the California Real Estate Recovery Fund to satisfy a judgment they obtained against appellee Robert Thomas in their adversary complaint in Thomas's bankruptcy proceeding. The district court approved the bankruptcy judge's recommendation denying the application on the ground that the Lucases had not proved the facts required to recover under Cal.Bus. & Prof.Code § 10471...

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