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IN RE ROBERT L. HELMS CONST. & DEVELOPMENT CO., INC.

No. 95-16781.

139 F.3d 702 (1998)

In re ROBERT L. HELMS CONSTRUCTION AND DEVELOPMENT CO., INC., Debtor. UNSECURED CREDITORS' COMMITTEE OF ROBERT L. HELMS CONSTRUCTION & DEVELOPMENT CO., in the capacity of a member of the unsecured Creditors' Committee in the case of Robert and Pauline Helms, Appellant, v. SOUTHMARK CORPORATION; Helms Sales Committee; Wade Ellis Trust; Helms Construction, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 19, 1998.

Attorney(s) appearing for the Case

Jeffrey L. Hartman, Mary Lynn Canmann, Hartman & Armstrong, Ltd., Reno, Nevada, for appellant.

Robert W. Jones, Thompson & Knight, Dallas, Texas, for appellee.

Before: HUG, Chief Judge, and PREGERSON, KOZINSKI, O'SCANNLAIN, TROTT, FERNANDEZ, RYMER, KLEINFELD, HAWKINS, TASHIMA and THOMAS, Circuit Judges.

Opinion by Judge KOZINSKI; Partial Concurrence and Partial Dissent by Judge THOMAS; Concurrence by Judge RYMER; Partial Concurrence and Partial Dissent by Judge FERNANDEZ.

KOZINSKI, Circuit Judge.

Guided, or misguided, by Gill v. Easebe Enters. (In re Easebe Enters.), 900 F.2d 1417, 1419 (9th Cir.1990), the bankruptcy court below held that an option is an executory contract. We took the case en banc to consider whether...

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