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IN RE MARINO

No. 85-2011.

794 F.2d 1367 (1986)

In re Gilbert John MARINO, Debtor. Gilbert John MARINO, Plaintiff-Appellee, v. Anthony XUEREB, et al., Defendants, and Placer Savings and Loan Association, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 17, 1986.

Attorney(s) appearing for the Case

Jeffery J. Goodrich, Buchalter, Nemar, Fields, Chystie, & Younger, San Francisco, Cal., for plaintiff-appellee.

John H. MacConaghy, Kooler, & MacConaghy, Emeryville, Cal., for defendant-appellant.

Before WALLACE, KENNEDY, and FARRIS, Circuit Judges.

KENNEDY, Circuit Judge:

Placer Savings and Loan Association (Placer) appeals the district court's order affirming the bankruptcy court's allocation of a real estate commission on the bankruptcy estate's sale of real property. The principal question is whether a nonbankrupt co-owner of property that exercises a right of first refusal under 11 U.S.C. § 363(i) to purchase a bankrupt's interest and retain the property is liable for its pro rata share of sales costs...

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