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IN RE ELM INN, INC.

BAP No. EC-88-1987-PMoA, Bankruptcy No. 288-03873-A-11.

105 B.R. 546 (1989)

In re ELM INN, INC., Debtor. Eldon ANDERSON and Shirley Anderson, Appellants, v. ELM INN, INC. and Continental Savings of America, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided October 6, 1989.

Attorney(s) appearing for the Case

Phillip Keith, Amen & Keith, San Francisco, Cal., for appellants.

Spencer P. Scheer, Michael Polk, San Rafael, Cal., for appellees.

Before PERRIS, MOOREMAN and ASHLAND, Bankruptcy Judges.

OPINION

PERRIS, Bankruptcy Judge.

Lessors appeal from an order denying their motion for surrender of property which was purportedly leased to the debtor. The parties dispute whether the debtor or its principal held the lessee's interest in the property. The bankruptcy court denied the debtor's motion to assume the lease without addressing who held the lessee's interest in the lease. Appellants then filed their application...

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