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  5. 884 F.2d 1171 (1989)
 

MATTER OF LOCKARD

No. 88-2529.

884 F.2d 1171 (1989)

In the Matter of John E. LOCKARD d/b/a J.W.L. Construction, Debtor. O'MALLEY LUMBER COMPANY, d/b/a O'Malley Building Materials, Appellant, v. John W. LOCKARD, d/b/a J.W.L. Construction, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 5, 1989.

Attorney(s) appearing for the Case

Charles W. Lowe, Davis & Lowe, P.C., Phoenix, Ariz., for appellant.

John A. Weil, Engler, Engler, Weil & Nelson, Yuma, Ariz., for appellee.

Before HUG, HALL and O'SCANNLAIN, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

This appeal involves issues of the jurisdiction of the bankruptcy court to decide a claim against a contractor's license bond executed by a non-debtor third-party surety, Allied Fidelity Insurance Company ("Allied"), and collateralized with commercial real property of the debtor, John E. Lockard, d/b/a J.W.L. Construction ("Lockard"), where a creditor has commenced a state court action to proceed against the bond prior to the debtor...

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