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IN RE LOVITT

Nos. 84-4057, 84-4103 and 84-4267.

757 F.2d 1035 (1985)

In re Edward Hill LOVITT, wwi Ermie Lovitt, Debtor. Gordon H. CHEADLE and Patricia J. Cheadle, husband and wife, Appellants, v. APPLEATCHEE RIDERS ASSOCIATION; Cyprus Mines Corporation, and Asamera Minerals (U.S.), Inc., Appellees. APPLEATCHEE RIDERS ASSOCIATION; Cyprus Mines Corporation; and Asamera Minerals (U.S.), Inc., Cross-Appellants, v. Gordon H. CHEADLE and Patricia J. Cheadle, husband and wife, Cross-Appellees. Sheena R. AEBIG, Successor-Trustee of Lovitt Bankruptcy Estate, Appellant, v. Gordon H. CHEADLE and Patricia J. Cheadle, husband and wife; Appleatchee Riders Association; Cyprus Mines Corporation; and Asamera Minerals (U.S.), Inc., Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 9, 1985.

As Amended on Denial of Rehearing May 10, 1985.

Attorney(s) appearing for the Case

Patrick W. Crowley, Siderius, Lonergran & Crowley, Seattle, Wash., for appellants.

Michael A. Small, Preston, Thorgrimson, Ellis & Holman, Seattle, Wash., for appellees.

Before FARRIS, ALARCON, and FERGUSON, Circuit Judges.

ALARCON, Circuit Judge:

Appellants Gordon H. Cheadle (hereinafter Cheadle) and Patricia J. Cheadle appeal from the district court's order vacating the trustee sale to Cheadle of two mining leases previously owned by the debtor-in-bankruptcy, Edward Hill Lovitt. Appellant Sheena R. Aebig joins the Cheadles' appeal and further appeals from the portion of the district court's order which requires her, as successor trustee of Lovitt's estate, to return the consideration...

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