IN RE JACK RALEY CONST., INC.

No. 92-16460.

17 F.3d 291 (1994)

In re JACK RALEY CONSTRUCTION, INC., Debtor, John T. KENDALL, Trustee in Bankruptcy, Plaintiff-Appellee, v. HOMESTEAD DEVELOPMENT COMPANY, INC., a California corporation, Defendant, Carpenters Health and Welfare Trust Fund for California; Carpenters Pension Trust Fund for Northern California; Carpenters Vacation and Holiday Trust Fund for Northern California; Carpenters Apprenticeship and Training Trust Fund for Northern California; Carpenters Annuity Trust Fund for Northern California, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 25, 1994.


Attorney(s) appearing for the Case

Christian L. Raisner, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, CA, for defendants-appellants.

C. Randall Bupp, Kornfield, Paul & Bupp, Oakland, CA, for plaintiff-appellee.

Before: ALDISERT, WIGGINS and BRUNETTI, Circuit Judges.


OPINION

ALDISERT, Circuit Judge:

In this appeal from a district court's order granting summary judgment in favor of a Chapter 7 trustee, we must determine if this court has jurisdiction when the notice of appeal was filed prior to the entry of judgment. Specifically, we are called upon to apply Rules 4(a)(1) and 4(a)(2) of the Federal Rules of Appellate Procedure as interpreted in FirsTier Mortgage Co. v. Investors Mortgage Insurance Co., ...

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