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IN RE SUN RUNNER MARINE, INC.

No. 90-35640.

945 F.2d 1089 (1991)

In re SUN RUNNER MARINE, INC., d/b/a Sun Runner Yachts, Debtor. TRANSAMERICA COMMERCIAL FINANCE CORPORATION, Appellant, v. CITIBANK, N.A., Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1991.

Attorney(s) appearing for the Case

Scott R. Smith, Stamper & Taylor, P.S., Spokane, Wash., for appellant.

Frank T. Pepler, Steefel, Levitt & Weiss, San Francisco, Cal., for appellee.

Before WRIGHT, FARRIS and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Transamerica Commercial Finance Corporation ("Transamerica") appeals a decision by the Ninth Circuit Bankruptcy Appellate Panel ("BAP") holding that a flooring agreement between Transamerica and Chapter 11 bankruptcy debtor Sun Runner Marine, Inc. ("Sun Runner") is nonassumable under section 365 of the Bankruptcy Code, 11 U.S.C. § 365 (1988). This decision reversed a ruling by the bankruptcy court that the flooring agreement...

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