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IN RE DIEGO'S INC.

No. 95-55562.

88 F.3d 775 (1996)

In re DIEGO'S INC., a California Corporation, Debtor. Richard M. KIPPERMAN, Chapter 7 Trustee, Plaintiff-Appellee, v. Tom E. DIXSON, individually and as Trustee of the Tom E. Dixson Trust UTD October 16, 1986, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 5, 1996.

Attorney(s) appearing for the Case

Mark Steven Kessler and Evangeline J. Larson, Kessler & Larson, San Diego, California, for defendant-appellant.

Michael D. Breslauer, Solomon, Ward, Seidenwurm & Smith, San Diego, California, Troy Zander, Gray, Cary, Ware & Freidenrich, San Diego, California, for plaintiff-appellee.

Before WIGGINS, THOMPSON and TROTT, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

The bankruptcy court granted summary judgment in favor of Richard M. Kipperman, as Trustee of Diego's, Inc., in the Trustee's action for breach of contract against Tom E. Dixson, individually and as Trustee of the Tom E. Dixson Trust UTD October 16, 1986 (Dixson). The Trustee sued Dixson for reneging on an oral contract to buy a restaurant. The contract included the restaurant's real and personal property and its liquor license. The...

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