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IN RE COUNTY OF ORANGE

No. SACV 96-0765-GLT. Bankruptcy No. SA 94-22272-JR. Adversary No. SA 96-1624 JR.

245 B.R. 138 (1997)

In re COUNTY OF ORANGE, a political subdivision of the State of California, Debtor. County of Orange, a political subdivision of the State of California, Plaintiff, v. McGraw-hill Companies, Inc., a New York corporation, d/b/a Standard & Poor's, its unincorporated division, Defendants.

United States District Court, C.D. California.

March 18, 1997.

Attorney(s) appearing for the Case

J. Michael Hennigan, James W. Mercer, Hennigan & Bennett, Los Angeles, CA, for plaintiff.

Geoffrey L. Thomas, Eve M. Coddon, Paul Hastings Janofsky & Walker, Los Angeles, CA, Donald L. Morrow, Steven D. Allison, Paul Hastings Janofsky & Walker, Costa Mesa, CA, Brian A. Sun, Frederick D. Friedman, Ellyn S. Garofalo, O'Neill Lysaght & Sun, Santa Monica, CA, for defendants.

Stephen M. Sacks, Daniel M. Lewis, M. Sean Laane, John A. Freedman, Arnold & Porter, Washington, DC, Lawrence Allen Cox, Arnold & Porter, Los Angeles, CA, for Federal National.

RULING ON APPEAL

TAYLOR, District Judge.

I. BACKGROUND

On December 6, 1994, the County of Orange filed its chapter 9 bankruptcy petition. The County now seeks to hold various entities including defendant McGraw-Hill d/b/a Standard's & Poors ("S & P") responsible for the events leading to the County's bankruptcy.

The County alleges S & P was retained in 1993 and 1994 to render...

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