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IN RE UNIVERSAL FARMING INDUSTRIES

No. 88-5759.

873 F.2d 1332 (1989)

In re UNIVERSAL FARMING INDUSTRIES, Debtor. George C. SPACEK; Ana Spacek, Plaintiffs-Appellants, v. Kewmars TABATABAY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 8, 1989.

Attorney(s) appearing for the Case

Leon L. Vickman, Encino, Cal., for plaintiffs-appellants.

Michael Anthony Cisneros and Charles T. Morrison, Jr., Inc., Los Angeles, Cal., for defendant-appellee.

Before WALLACE, POOLE and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

George C. and Ana Spacek appeal the Bankruptcy Appellate Panel's determination that a suit brought by Kewmars Tabatabay, requesting the declaration of priority of his note and deed of trust over the Spaceks' note and deed of trust, was not moot. We reverse.

FACTS AND PRIOR PROCEEDINGS

Universal Farming Industries ("UFI"), a California corporation, filed a petition under Chapter 11 of the bankruptcy code on January 11,...

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