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IN RE VICTORIA STATION INC.

No. 87-1619.

840 F.2d 682 (1988)

In re VICTORIA STATION INCORPORATED, and its Subsidiaries. Robert E. TURGEON, Successor Trustee, Appellant, v. VICTORIA STATION INCORPORATED, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 24, 1988.

Attorney(s) appearing for the Case

Thomas C. Holman and Barbara J. Kramer, Pettit & Martin, San Francisco, Cal., for appellant.

Richard Levin, Stutman, Treister & Glatt, Los Angeles, Cal., for appellee.

Before GOODWIN, FARRIS and NELSON, Circuit Judges.

GOODWIN, Circuit Judge:

Turgeon, trustee, appeals from the Bankruptcy Appellate Panel's order, 69 B.R. 110 (D.Cal. 1986), reversing the bankruptcy court's final order which denied Victoria Station's motion to assume a nonresidential lease as untimely. The Bankruptcy Appellate Panel determined that the service of the motion on the last date permitted for assumption, followed by a timely filing of the motion with the bankruptcy court...

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