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IN RE MARINO

Nos. C-84-1232-CAL, C-84-3679-CAL, Bankruptcy No. 3-82-00353LK, Adv. No. 3-83-1210-JR.

49 B.R. 600 (1985)

In re Gilbert John MARINO, Debtor. PLACER SAVINGS & LOAN ASSOCIATION, a state savings and loan association, Plaintiff, v. Edward M. WALSH, as Trustee in Bankruptcy of Gilbert John Marino, Leo Lugliani, Devcon of California, Inc., a California corporation, G.L.X. Properties, a California partnership, Waters' Edge Homes, a joint venture, G.W. "Joe" Holsinger, George Durlester, Davis & Young, a California partnership, Davis, Young & Mendelson, a California partnership, and Agar Roofing, Defendants. and Related Cross and Consolidated Actions.

United States District Court, N.D. California.

March 27, 1985.

Attorney(s) appearing for the Case

Koller, MacConaghy & Owens, Lynn Anderson Koller, John H. MacConaghy, Emeryville, Cal., for plaintiff.

Jeffrey J. Goodrich, Buchalter, Nemer, Fields, Chrystie & Younger, San Francisco, Cal., William H. Holsinger, San Mateo, Cal., for defendants.

OPINION AND ORDER FOR SUMMARY JUDGMENT

LEGGE, District Judge.

This case is before the court on cross-motions for summary judgment.

Defendant is the trustee in bankruptcy of Gilbert Marino. Defendant alleges that by virtue of his statutory "strong-arm" powers (11 U.S.C. § 544(a)(3)) he is entitled as a matter of law to avoid certain alleged liens against an apartment building (the "property") of which Marino was a partial owner.

Plaintiff...

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