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IN RE SAN DIEGO REALTY EXCHANGE, INC.

Bankruptcy No. 90-3752-B7, Adv. No. 90-90446-B7.

132 B.R. 424 (1991)

In re SAN DIEGO REALTY EXCHANGE, INC., Inv. Debtor. Harold S. TAXEL, Trustee Plaintiff, v. Michael VACA, and Michael Vaca as Trustee of Michael Vaca Revocable Trust Defendants.

United States Bankruptcy Court, S.D. California.

August 21, 1991.

Attorney(s) appearing for the Case

John L. Morrell and Gerald J. O'Neill, Higgs Fletcher and Mack, San Diego, Cal., for plaintiff.

E. Ludlow Keeney, Elisabeth F. Milburn, Mitchell, Keeney and Waite, San Diego, Cal., for defendants.

OPINION

JAMES M. BURNS, Senior District Judge, Sitting by Designation.

I. INTRODUCTION

Defendants ("Vaca") move for summary judgment against the plaintiff Taxel ("Trustee") on the basis that there are no genuine issues of material fact and that Vaca is entitled to judgment as a matter of law. The Trustee later filed his own motion for summary judgment asserting he is entitled to judgment as a matter of law.1

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