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LIPPI v. CITY BANK

Nos. 89-15891, 90-15907.

955 F.2d 599 (1992)

Robert O. LIPPI, Trustee for Pacific Industrial Distributors, Inc., Plaintiff-Appellant, v. CITY BANK; Edward F. Plant; United States National Bank of Oregon, Personal Representative of the Estate of Robert E. Hamilton, Deceased, Defendants-Appellees. Robert O. LIPPI, Trustee for Pacific Industrial Distributors, Inc., Plaintiff-Appellant, v. CITY BANK, Defendant, and Linda R. Russell, as Personal Representative of the Estate of Shirley M. Russell, Deceased; Edward F. Plant, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 23, 1992.

Attorney(s) appearing for the Case

H. William Burgess, Honolulu, Hawaii, for plaintiff-appellant.

James A. Agena, George W. Playdon, Jr., Reinwald, O'Connor & Marrack, James Duca, Honolulu, Hawaii, for defendants-appellees.

Before FLETCHER, NORRIS and TROTT, Circuit Judges.

FLETCHER, Circuit Judge:

Robert O. Lippi, the trustee in bankruptcy for the debtor, Pacific Industrial Distributors, Inc. ("PID"), appeals grants of summary judgment to the two selling stockholders and one of the financing banks of a failed leveraged buy-out of PID. The trustee seeks to recover money he alleges was obtained through fraudulent and/or illegal transfers. He also appeals postjudgment orders declining to hold...

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