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IN RE TUCSON INDUS. PARTNERS

BAP No. AZ-88-1728 JVR, Bankruptcy No. 7-01806-TUC-LO, Adv. No. 88-0126.

129 B.R. 614 (1991)

In re TUCSON INDUSTRIAL PARTNERS, Debtor. SEARS SAVINGS BANK, Appellant, v. TUCSON INDUSTRIAL PARTNERS, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

July 17, 1991.

Attorney(s) appearing for the Case

Michael McGrath, Tucson, Ariz., for appellant.

D. Michael Romano, Tucson, Ariz., for appellee.

Before JONES, VOLINN and RUSSELL, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge:

This is an appeal from an order denying appellant's motion for restriction of debtor's use of cash collateral in the form of rents and for adequate protection. The bankruptcy court denied the motion and ordered that accumulated net rents be turned over to the trustee without restriction or condition as to use. We reverse.

FACTS AND PROCEDURAL BACKGROUND

Debtor...

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