IN RE CLAREMONT ACQUISITION CORP., INC.

Nos. 95-56527, 95-56589.

113 F.3d 1029 (1997)

In re CLAREMONT ACQUISITION CORPORATION, INC.; Claremont Pontiac/GMC Truck, Inc.; Claremont Ford, Inc.; Claremont Cadillac, Inc.; Claremont Isuzu, Inc.; and Claremont Hyundai, Inc., Debtors. Cal WORTHINGTON; Cal Worthington Dodge, Inc.; and Claremont Acquisition Corporation, Inc., Appellants, v. GENERAL MOTORS CORPORATION, Appellee. In re CLAREMONT ACQUISITION CORPORATION, INC.; Claremont Pontiac/GMC Truck, Inc.; Claremont Ford, Inc.; Claremont Cadillac, Inc.; Claremont Isuzu, Inc.; and Claremont Hyundai, Inc., Debtors. GENERAL MOTORS CORPORATION, Appellant, v. Cal WORTHINGTON; Cal Worthington Dodge, Inc.; Claremont Acquisition Corporation, Inc.; Claremont Pontiac/GMC Truck, Inc.; Claremont Ford, Inc.; Claremont Cadillac, Inc.; Claremont Isuzu, Inc.; and Claremont Hyundai, Inc., Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 12, 1997.


Attorney(s) appearing for the Case

Gary E. Klausner, Robinson, Diamant, Brill & Klausner, Los Angeles, California, for appellants and cross-appellees.

Wallace M. Allan, O'Melveny & Myers, Los Angeles, California, for appellees and cross-appellants.

Before: BROWNING and KLEINFELD, Circuit Judges, and MERHIGE, Senior District Judge.


MERHIGE, Senior District Judge:

Appellants Cal Worthington & Cal Worthington Dodge, Inc. ("Worthington") and Debtors, a group of commonly owned automobile dealerships in the Claremont Auto Center ("Debtors"), appeal an order of the district court which reversed an order of the bankruptcy court compelling Appellee General Motors Corporation ("GM") to accept assignment of Debtors' franchise agreements to Worthington. GM has filed a cross-appeal regarding an issue...

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