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IN RE ADVENT MANAGEMENT CORP.

No. 95-55423.

104 F.3d 293 (1997)

In re ADVENT MANAGEMENT CORPORATION, Debtor. TAYLOR ASSOCIATES, Appellant, v. Lawrence A. DIAMANT, Chapter 7 Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 8, 1997.

Attorney(s) appearing for the Case

Neil J. Rubenstein, Arter & Hadden, San Francisco, CA, for appellant.

Gregg D. Lundberg, Robinson, Diamant, Brill & Klausner, Los Angeles, CA, for appellee.

Before: HUG, Chief Judge, and PREGERSON and REINHARDT, Circuit Judges.

PREGERSON, Circuit Judge:

This case presents the issue whether a creditor claiming a constructive trust over commingled funds from a debtor's general account must trace the funds back to the illegal transfer giving rise to the trust. Appellant contends that strict tracing is unnecessary in light of this court's decision in Mitsui Mfrs. Bank v. Unicom Computer Corp. (In re Unicom Computer Corp.), 13 F.3d 321 (9th Cir.1994)....

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