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IN RE C.P.C. DEVELOPMENT CO. NO. 5

Bankruptcy No. LA87-03376RR, Adv. No. LA87-1894RR.

113 B.R. 637 (1990)

In re C.P.C. DEVELOPMENT COMPANY NO. 5, a joint venture, Debtor. KINGSWAY REVOCABLE TRUST, Plaintiff, v. FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, in its corporation capacity and is conservator for Mt. Whitney Savings and Loan Association and First American Title Insurance Corporation, Defendant.

United States Bankruptcy Court, C.D. California.

April 16, 1990.

Attorney(s) appearing for the Case

Peter Sitkin, for plaintiff, Kingsway Revocable Trust.

H. Thomas Hicks, of Graham & James, Newport Beach, Cal., for defendant, FDIC.

REVISED MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT

ROBIN L. RIBLET, Bankruptcy Judge.

The Court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. § 157(b)(1). The dispute before the Court concerns a motion for summary judgment brought by defendant Federal Savings and Loan Insurance Corporation ("FSLIC") as receiver for Mt. Whitney Savings and Loan Association ("Mt. Whitney"). Plaintiff Kingsway Revocable Trust ("Kingsway...

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