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IN RE LANE

No. 91-55534.

980 F.2d 601 (1992)

In re Lester D. LANE and Bonnie F. Lane, Debtors. HURST CONCRETE PRODUCTS, INC., Appellant, v. Lester D. LANE; Bonnie F. Lane, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 1, 1992.

Attorney(s) appearing for the Case

Patrick T. Loughman, Lowthorp, Richards, McMillan, Miller, Conway & Templeman, Oxnard, Cal., for appellant.

Randolph Joyce, Simi Valley, Cal., for appellees.

Before FEINBERG, GOODWIN, and SCHROEDER, Circuit Judges.

GOODWIN, Circuit Judge:

Hurst Concrete Co. ("Hurst") appeals a Bankruptcy Appellate Panel ("BAP") decision denying the secured status of Hurst's claim to the real property of Lester and Bonnie Lane ("Lanes").

The threshold question is whether the Superior Court's judgment in the underlying case affected the title or right of possession of real property within the meaning of the California lis pendens statute. Cal. Civ.Pro.Code § 409(a). We disagree with...

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