GRECO v. STUBENBERG

No. 87-2231.

859 F.2d 1401 (1988)

Anthony GRECO, Debtor-Appellant, v. James STUBENBERG; H. Gobel; Peacock Partners; Kishi Trustees; Andrew Hartnett; and Troy Corp., Creditors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 25, 1988.


Attorney(s) appearing for the Case

Robert W. Stewart, Jr., Palm Desert, Cal., for debtor-appellant.

Bert T. Kobayashi, Jr., and Lex R. Smith, Honolulu, Hawaii, for appellees Troy Corp., Melvyn Choy, Evan Cruthers, Thomas Pagliuso and Desmond Brooks.

John R. Dwyer, Jr., Dwyer, Imanaka, Neeley & Peterson, Honolulu, Hawaii, for creditor-appellee Kishi Trustees.

Before BRUNETTI, KOZINSKI and DAVID R. THOMPSON, Circuit Judges.


BRUNETTI, Circuit Judge:

Anthony Greco appeals from a district court order dismissing his appeal from the bankruptcy court for failure to prosecute. We affirm.

On February 21, 1975 appellant and his wife signed a 35-year lease with Kishi Trustees (Kishi) for a parcel of commercial waterfront property in Lahaina, Hawaii. On March 27, 1977 fire destroyed the restaurant appellant was operating on the property and when he defaulted on the rent payments, Kishi...

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