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IN RE ELDERCARE HOUSING FOUNDATION, INC.

BAP No. AZ-96-1041-MeRHa, Bankruptcy No. 95-1175-TUC-LO, Adversary No. A95-0087.

205 B.R. 210 (1996)

In re ELDERCARE HOUSING FOUNDATION, INC., Debtor. SYSCO FOODS COMPANY, INC. and Harris-Shcolnik & Associates, Inc., Appellants, v. ELDERCARE HOUSING FOUNDATION, INC., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 26, 1996.

Attorney(s) appearing for the Case

J. Matthew Derstine, Snell & Wilmer, Tucson, AZ, for Sysco Foods Co., Inc., Harris-Shcolnik & Associates.

Ralph E. Seefeldt, Law Offices of Ralph E. Seefeldt, P.C., Tucson, AZ, for Eldercare Housing Foundation.

Before MEYERS, RUSSELL and HAGAN, Bankruptcy Judges.

OPINION

JAMES W. MEYERS, Bankruptcy Judge:

I

FACTS

The parties stipulated to the following facts: On November 11, 1994, Sysco Foods Company, Inc. ("Sysco") and Harris-Shcolnik & Associates, Inc. ("Harris") filed a complaint in state court against Eldercare Housing Foundation, Inc. ("Eldercare"), together with an application seeking prejudgment writs of garnishment and attachment.

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