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IN RE SWEETWATER

No. C-84-528J.

57 B.R. 748 (1985)

In re SWEETWATER, a Utah corporation, et al., Debtors and Debtors in Possession. Allan HEINS, Janet Heins and Hildegard Heins, Appellants, v. RUTI-SWEETWATER, et al, Appellee.

United States District Court, D. Utah, C.D.

February 28, 1985.

Attorney(s) appearing for the Case

Charles C. Brown, Salt Lake City, Utah, for appellant, Palm Springs Owners Ass'n.

Ralph R. Mabey and Steven J. McCardell (Robert Nelson, on brief), Salt Lake, Utah, for Sweetwater, the reorganized debtor and appellee, RUTI-Sweetwater.

Richard F. Bojanowski, Salt Lake City, Utah, for appellant creditors, Allan Heins, Janet Heins and Hildegard Heins.

MEMORANDUM OPINION

JENKINS, Chief Judge.

This is an appeal from the June 8, 1984, Bankruptcy Court order confirming Sweetwater's Chapter 11 Plan of Reorganization. It raises a single issue: whether a non-voting, non-objecting creditor who is the only member of a class is deemed to have accepted the plan for purposes of 11 U.S.C. § 1129.1

On November 2, 1984, this court heard oral arguments on the appeal. Richard...

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