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IN RE MUNPLE, LTD.

Nos. 87-2929, 87-2940.

868 F.2d 1129 (1989)

In re MUNPLE, LTD., a California limited partnership, Debtor. MARCUS & MILLICHAP INCORPORATED OF SAN FRANCISCO, Creditor-Appellee, v. MUNPLE, LTD., a California limited partnership, Debtor-Appellant. MARCUS & MILLICHAP INCORPORATED OF SAN FRANCISCO, Creditor-Appellant, v. MUNPLE, LTD., a California limited partnership, Debtor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 6, 1989.

Attorney(s) appearing for the Case

Merle C. Meyers, Goldberg, Stinnett & MacDonald, San Francisco, Cal., for debtor-appellant and cross-appellee.

Don Robinson, Phelan, Stuppi, Sorensen & McQuaid, San Francisco, Cal., for creditor-appellee and cross-appellant.

Before CHOY, CANBY and NORRIS, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

Appellant and cross-appellee Munple, Ltd., the debtor in a chapter 11 bankruptcy proceeding, appeals the district court's order affirming the bankruptcy court's Order Denying Debtor's Motion to Sell Free and Clear of Disputed Liens. At issue is whether a commission agreement between Munple and appellee and cross-appellant Marcus & Millichap ("M & M"), a brokerage firm hired to find a purchaser for Munple's land, was an executory...

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