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IN RE CURRY & SORENSEN, INC.

BAP No. CC-89-1229 VPJ, Bankruptcy No. LA 84-07761-GM, Adv. No. LA 84-50999-GM.

112 B.R. 324 (1990)

In re CURRY & SORENSEN, INC., a California corporation, Debtor. Lawrence A. DIAMANT, Chapter 7 Trustee for Curry & Sorensen, Inc., a California corporation, Appellant, v. Walter T. HANSEN, Donald F. Rau and Ross H. Buckwalter, Appellees.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided February 26, 1990.

Amended April 3, 1990.

Attorney(s) appearing for the Case

Bennett L. Spiegel, Levene & Eisenberg, Los Angeles, Cal., for appellant.

J. Randall Faith, Newman & Faith Inc., Covina, Cal., for appellees.

Before VOLINN, PERRIS and JONES, Bankruptcy Judges.

AMENDED OPINION

VOLINN, Bankruptcy Judge:

FACTS

Walter T. Hansen, Donald F. Rau, and Ross H. Buckwalter ("Defendants"), were shareholders of the debtor Curry & Sorensen, Inc. ("the Corporation"), from 1955 until July 1, 1978, when they sold their interests in the Corporation to Kenneth Finn. That sale was part of a transaction in which (1) Mr. Finn purchased 10 percent of the Defendants' shares for...

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