IN RE CONEJO ENTERPRISES, INC.

Nos. 94-56702, 95-56705.

96 F.3d 346 (1996)

In re CONEJO ENTERPRISES, INC., Debtor (Two Cases). BENEDOR CORPORATION, Plaintiff-Appellee, v. CONEJO ENTERPRISES, INC., Defendant-Appellant, and Ronald L. Durkin, Chapter 11 Trustee, on behalf of Conejo Enterprises, Inc., Appellant. BENEDOR CORPORATION, Plaintiff-Appellee, v. CONEJO ENTERPRISES, INC., Defendant, and Western Waste Industries, Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1996.


Attorney(s) appearing for the Case

Sara Pfrommer, Sheppard, Mullin, Richter & Hampton, Los Angeles, California, for appellant Western Waste Industries.

Thomas C. Given, Murphy, Weir & Butler, Los Angeles, California, for appellant Ronald L. Durkin, Trustee.

Gerald M. Etchingham, Nordman, Cormany, Hair & Compton, Oxnard, California, for appellee.

Before FLETCHER, BRUNETTI, and T.G. NELSON, Circuit Judges.


T.G. NELSON, Circuit Judge:

OVERVIEW

Ronald L. Durkin, the trustee in bankruptcy, and Western Waste Industries, a creditor in bankruptcy (collectively "the appellants"), appeal the district court's order remanding a pre-petition state action brought by Benedor Corporation (Benedor) against the debtor in bankruptcy, Conejo Enterprises (Conejo), to state court and granting Benedor relief from the automatic stay.

FACTS AND PROCEDURAL BACKGROUND

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