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IN RE DURHAM

No. 90-4011.

935 F.2d 1160 (1991)

In re Andrew J. DURHAM and Cathryne Durham, Debtors. Andrew J. DURHAM and Cathryne Durham, Plaintiffs-Appellees, v. MOUNTAIN AMERICA CREDIT UNION, a Utah corporation, Defendant-Appellant, The Travelers Indemnity Company, a Connecticut corporation, Defendant.

United States Court of Appeals, Tenth Circuit.

June 13, 1991.

Attorney(s) appearing for the Case

Mona L. Lyman (Dale R. Kent and William T. Thurman with her on the briefs) of McKay, Burton & Thurman, Salt Lake City, Utah, for defendant-appellant.

Colin P. King of Wilcox, Dewsnup & King (Gerald H. Suniville of Van Cott, Bagley, Cornwall & McCarthy with him on the brief), Salt Lake City, Utah, for plaintiffs-appellees.

Before BALDOCK, McWILLIAMS, and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Mountain America Credit Union (Credit Union) appeals a determination that it is an unsecured creditor. We affirm.

The underlying facts of this case are undisputed. In 1986, Andrew and Cathryne Durham (Durhams) entered into a structured settlement agreement in compromise of a personal injury claim arising out of a job-related accident sustained by Mr. Durham. Under this agreement Durhams were...

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