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IN RE WINDMILL FARMS, INC.

BAP No. SC 85-1462 MoAsE, Bankruptcy No. 84-515LM-7.

70 B.R. 618 (1987)

In re WINDMILL FARMS, INC., a California corporation, Debtor.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided February 10, 1987.

Attorney(s) appearing for the Case

Eric V. Benham, Sullivan, Delafield, McDonald & Middendord, San Diego, Cal., for appellant.

William M. Rathbone, Weeks, Willis, Rathbone & Johnson, San Diego, Cal., for appellee.

Before MOOREMAN, ASHLAND and ELLIOTT, Bankruptcy Judges.

MOOREMAN, Bankruptcy Judge:

Appellant, Vanderpark Properties, Inc., lessor of non-residential real estate to the debtor, appeals from an order of the bankruptcy court allowing the debtor to assume a lease with appellant upon the cure of all defaults. The lease has subsequently been sold free and clear of all liens and interests for $106,000 with Vanderpark's interest attaching to the proceeds of the sale. Vanderpark contends that the court erred by allowing the debtor...

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