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IN RE CHENG

No. 90-55303.

943 F.2d 1114 (1991)

In re Ceferino G. CHENG, Debtor. Ceferino G. CHENG, Plaintiff-Appellant, v. David A. GILL, Trustee; Kenneth Robert Fraser, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1991.

Attorney(s) appearing for the Case

Dennis McAteer, San Francisco, Cal., Edward M. Wolkowitz, Robinson, Diamant, Brill & Klausner, Los Angeles, Cal., for plaintiff-appellant.

David R. Weinstein, Danning, Gill, Gould, Diamond & Spector, Los Angeles, Cal., for defendants-appellees.

Before BEEZER, HALL and TROTT, Circuit Judges.

TROTT, Circuit Judge:

We are asked to decide whether the definition of "self-employed retirement plans" under Cal.Civ.Proc.Code § 704.115 includes corporate plans in which one person controls the corporation and the plan. The district court held that it does. We disagree and reverse.

I

Ceferino G. Cheng, M.D., was the sole shareholder, director, and chief executive officer of Ceferino G. Cheng, M.D...

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