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IN RE PERMA PACIFIC PROPERTIES

No. 92-1116.

983 F.2d 964 (1992)

In re PERMA PACIFIC PROPERTIES, a general partnership, Debtor. David A. GILL, Trustee, Appellee, v. Eustace H. WINN, Jr., Appellant.

United States Court of Appeals, Tenth Circuit.

December 22, 1992.

Attorney(s) appearing for the Case

Delores B. Kopel, Denver, CO, James J. Joseph, of Danning, Gill & Diamond, Los Angeles, CA, for appellee.

Jeffrey L. Beattie, Denver, CO, Joseph N. Mole, of Lemle & Kelleher, New Orleans, LA, for appellant.

Before MOORE and TACHA, Circuit Judges, and SAFFELS, Senior District Judge.

JOHN P. MOORE, Circuit Judge.

On August 25, 1986, appellant Eustace H. Winn, Jr. agreed to loan $800,000.00 to Perma Resources Corporation (PRC), $400,000.00 of which was actually advanced to the corporation. As part of the collateral for the loan, Winn took a security interest in the form of a deed of trust on property owned by Perma Pacific Properties (debtor), a general partnership subsidiary of PRC. Winn recorded the deed on March 2, 1987.1<...

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