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IN RE BACIGALUPI, INC.

BAP No. NC-85-1136-VEAs, Bankruptcy Nos. 1-82-01499, 1-82-01497.

60 B.R. 442 (1986)

In re BACIGALUPI, INC., dba Paolino's Delicatessen, a California corporation, Appellee/Debtor. In re Paul BACIGALUPI, Susan E. Bacigalupi, dba Bacigalupi, Inc. dba Paolino's Delicatessen, a California corporation, Appellees/Debtors. PARKWAY PLAZA INVESTORS, Appellant, v. Paul BACIGALUPI; Susan Bacigalupi; and William Grover, as Trustee in Bankruptcy of the Estates of Bacigalupi, Inc. and Paul and Susan Bacigalupi, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided March 24, 1986.

Attorney(s) appearing for the Case

Sblend A. Sblendorio, Levy, Greenfield & Davidoff, San Jose, Cal., for appellant.

Paul G. Carey, Dickenson, Peatman & Fogarty, Napa, Cal., for appellees.

Before VOLINN, ELLIOTT, and ASHLAND, Bankruptcy Judges.

VOLINN, Bankruptcy Judge:

The debtors' landlord, appellant Parkway Plaza Investors ("Parkway"), has been sued in state court by the debtors and their Chapter 7 trustee for damages arising out of the lease. Parkway appeals from an order of the bankruptcy court denying Parkway's motion to vacate an order authorizing and approving the Chapter 7 trustee's partial assignment of the estates' cause of action to the debtors and also appeals the order denying relief from stay...

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