IN RE FRONTIER PROPERTIES, INC.

No. 91-55502.

979 F.2d 1358 (1992)

In re FRONTIER PROPERTIES, INC., Lewis W. Shurtleff, Inc., Debtors. Thomas D. ELLIOTT, Trustee, Appellant, v. FOUR SEASONS PROPERTIES, a Utah limited partnership; Zions First National Bank, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 18, 1992.


Attorney(s) appearing for the Case

Kevin J. Hoyt, Estes & Hoyt, San Diego, Cal., for appellant.

Candace M. Carroll, Sullivan, Hill, Lewin & Markham, San Diego, Cal., for appellees.

Before: BOOCHEVER, NORRIS, and NOONAN, Circuit Judges.


BOOCHEVER, Circuit Judge:

Thomas Elliott is the trustee for Chapter 11 debtors Frontier Properties, Inc. ("Frontier") and Lewis W. Shurtleff, Inc. He appeals the district court's ruling that he waived his right to appeal whether a land sale contract between Frontier and creditor Four Seasons Properties, Inc. ("Four Seasons") was assumable and whether he actually assumed it. He also appeals the district court's affirmance of the bankruptcy court's ruling that the interest...

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