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IN RE DENNIS PONTE, INC.

BAP No. EC-85-1158-VAsE, Bankruptcy No. 284-00067-W-11.

61 B.R. 296 (1986)

In re DENNIS PONTE, INC., dba Ponte Trucking Co., Debtor. BRUTOCO ENGINEERING & CONSTRUCTION CO., INC., Appellant, v. DENNIS PONTE, INC., dba Ponte Trucking Co., Appellee.

United States Bankruptcy Appellate Panels, of the Ninth Circuit.

Decided May 23, 1986.

Attorney(s) appearing for the Case

Paul M. Mahoney, Jones, Mahoney & Brayton, Pomona, Cal., Mark Gorton, Cooper & Shaffer, Sacramento, Cal., for appellant.

Blair Wyite, Arnold, Cal., for appellee.

Before VOLINN, ASHLAND and ELLIOTT, Bankruptcy Judges.

VOLINN, Bankruptcy Judge:

Brutoco Engineering & Construction Co., Inc. ("Brutoco") is the holder of a disputed administrative expense claim of over $1 million. Brutoco appeals from the bankruptcy court's overruling of its objections to the plan and the order confirming the debtor's plan.

The issue before us is whether the bankruptcy judge erred in confirming the plan without holding an evidentiary hearing on feasibility and without taking into consideration...

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