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IN RE FITZSIMMONS

No. 88-15013.

896 F.2d 373 (1990)

In re Edward R. FITZSIMMONS, Debtor. Aneita LITCHFIELD; Heather Litchfield Mobarek; Shirley Foley; Darrel Litchfield, and Susan Litchfield, Plaintiffs-Appellees, v. M. NOLDEN, Trustee of the Chapter 7 Estate of Edward R. Fitzsimmons, Trustee-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 13, 1990.

Attorney(s) appearing for the Case

Kyle Gee, Oakland, Cal., for trustee-appellant.

Jamie O. Harris, San Francisco, Cal., for plaintiffs-appellees.

Before TANG, REINHARDT and WIGGINS, Circuit Judges.

TANG, Circuit Judge:

M. Nolden (the "bankruptcy trustee") appeals the order of the district court reversing a summary judgment entered in the bankruptcy court. The district court ruled that the bankruptcy trustee could not reach the interest of Edward R. Fitzsimmons ("Fitzsimmons") in a trust which contained a forfeiture-on-alienation clause. We affirm.

FACTS AND PROCEEDINGS BELOW

In 1970, Galen Litchfield established an inter vivos land trust (the...

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