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IN RE WIND POWER SYSTEMS, INC.

No. 86-6746.

841 F.2d 288 (1988)

In re WIND POWER SYSTEMS, INC., Debtor. WIND POWER SYSTEMS, INC., Plaintiff-counter-defendant-Appellee, v. CANNON FINANCIAL GROUP, INC., a Nevada corporation, Defendant-counter-plaintiff-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 3, 1988.

As Amended on Denial of Rehearing and Rehearing June 15, 1988.

Attorney(s) appearing for the Case

Jonathan S. Dabbieri, Hillyer & Irwin, San Diego, Cal., for defendant-counter-plaintiff-appellant.

William A. Bramley, III, Sullivan, Delafield, McDonald & Middendorf, San Diego, Cal., for the plaintiff-counter-defendant-appellee.

Before O'SCANNLAIN and LEAVY, Circuit Judges, and WILLIAMS, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc June 15, 1988.

O'SCANNLAIN, Circuit Judge:

Cannon Financial Group, Inc. ("Cannon") appeals the district court's summary judgment affirming the Trustee in Bankruptcy's avoidance of Cannon's attachment lien. We reverse and hold that, under California law, the creation of an attachment lien by levy relates back to the date on which the creditor obtained a temporary...

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