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IN RE SEOLAS

No. Civ. S-91-473 LKK, Bankruptcy No. 287-02801-C-11, Adv. No. 290-0163.

140 B.R. 266 (1992)

In re Waldron Keith SEOLAS, Debtor. Waldron Keith SEOLAS, Plaintiff/Appellant, K & S Company, Dr. Rudolph Kimmich, and Dr. Wayne E. Smith, Plaintiffs-Intervenors, v. LH RESEARCH, INC. PROFIT SHARING PLAN and Lee, Selin, Grimes, Inc. Money Purchase Pension Plan, Defendants/Appellees.

United States District Court, E.D. California.

April 30, 1992.

Attorney(s) appearing for the Case

Deborah Jean Frick, Donald W. Fitzgerald, George C. Hollister, Kronick, Moskovitz, Tiedemann & Girard, Sacramento, Cal., for debtor, plaintiff/appellant.

Mark Gorton, McDonough, Holland & Allen, Sacramento, Cal., for plaintiffs-intervenors Dr. Rudolph Kimmich, Dr. Wayne E. Smith and K & S Co.

Raymond E. Shine, Shine, Brown & Diamond, Grass Valley, Cal., for plaintiffs-intervenors Dr. Kimmich and Dr. Smith (not K & S Co.).

David Rosenberg, Michael S. McManus, Diepenbrock, Wulff, Plant & Hannegan, Sacramento, Cal., for defendants/appellees.

ORDER

KARLTON, Chief Judge Emeritus.

This matter is before the court on the debtor's appeal from the bankruptcy court's grant of summary judgment in favor of his creditor. That court found that a deed of trust executed by the debtor in favor of the creditor was supported by adequate consideration, and that appellees, because they were employee benefit plans governed by the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq. ("ERISA...

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