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IN RE TUCSON SELF-STORAGE, INC.

BAP No. AZ-93-1114-RVMe. Bankruptcy No. 91-2130-TUC-LO.

166 B.R. 892 (1994)

In re TUCSON SELF-STORAGE, INC., an Arizona corporation, Debtor. OXFORD LIFE INSURANCE COMPANY, Appellant, v. TUCSON SELF-STORAGE, INC., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided March 31, 1994.

Amended Opinion May 10, 1994.

Attorney(s) appearing for the Case

John R. Clemency, Phoenix, AZ, for appellant.

Clifford B. Altfeld, Tucson, AZ, for appellee.

Before: RUSSELL, VOLINN and MEYERS, Bankruptcy Judges.

AMENDED OPINION1

BARRY RUSSELL, Bankruptcy Judge:

A creditor appeals from the bankruptcy court's order confirming a Chapter 112 plan of reorganization, arguing that the plan improperly placed similar claims in separate classes, the plan unfairly discriminated and violated the absolute priority rule. We REVERSE and REMAND.

I. FACTS

On May 22, 1991, the Debtor/Appellee, Tucson...

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