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IN RE FIRST CAPITAL MORTG. LOAN CORP.

No. 87-1748.

872 F.2d 335 (1989)

In re FIRST CAPITAL MORTGAGE LOAN CORPORATION, a Utah corporation, Debtor. RESEARCH-PLANNING, INC., a Utah corporation, Plaintiff-Appellant, v. Roger SEGAL, Trustee of First Capital Mortgage Loan Corporation, a debtor, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing and Rehearing Granted May 2, 1989.

Attorney(s) appearing for the Case

Claron C. Spencer and Dale E. Anderson (with him on the briefs), of Spencer & Anderson, Salt Lake City, Utah, for plaintiff-appellant.

John T. Morgan and Julie A. Bryan (with him on the brief), of Cohne, Rappaport & Segal, P.C., Salt Lake City, Utah, for defendant-appellee.

Before SEYMOUR and SETH, Circuit Judges, and SEAY, Chief Judge.

Rehearing and Rehearing En Banc Granted May 2, 1989.

PER CURIAM.

This is an appeal from an order of the district court affirming the bankruptcy court's dismissal of the appellant's complaint, 99 B.R. 462. The facts of this case are fully set out in the bankruptcy court's opinion at 60 B.R. 915. We reiterate only those facts that are necessary to our disposition of this appeal.

The appellant...

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