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IN RE ASLAN

No. 88-6581.

909 F.2d 367 (1990)

In re Moses N. ASLAN, Debtor. Moses N. ASLAN; Irving Sulmeyer, Trustee, Appellants, v. SYCAMORE INVESTMENT COMPANY, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 19, 1990.

Attorney(s) appearing for the Case

Gary E. Klausner and Irving M. Gross, Robinson, Diamant, Brill & Klausner, Los Angeles, Cal., for appellants.

Mary D. Lane and Lawrence B. Gutcho, Loeb and Loeb, Los Angeles, Cal., for appellee.

Jon E. Drucker, Sulmeyer, Kupetz, Baumann & Rothman, Los Angeles, Cal., for amicus curiae.

Before CANBY, KOZINSKI and LEAVY, Circuit Judges.

OVERVIEW

LEAVY, Circuit Judge:

In 1982, the appellant-debtor, Moses Aslan, entered into a contract to sell a shopping arcade ("the Arcade") to Sycamore Investment Co. ("Sycamore"). Aslan failed to fulfill certain of its contractual obligations. Sycamore initially refused to purchase the Arcade, but subsequently sued to specifically enforce the contract. In 1986, with Sycamore's suit still pending, Aslan filed for...

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