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IN RE BETACOM OF PHOENIX, INC.

CIV. No. 97-2484 PHX BMV, Bankruptcy No. 95-4510 PHX RGM, Adversary No. 96-786.

225 B.R. 703 (1998)

In re BETACOM OF PHOENIX, INC., an Arizona Corp. & affiliates, Debtor. F. Patrick NUGENT and Anita Nugent, Defendants-Appellants, v. AMERICAN BROADCASTING SYSTEM, INC., a Delaware Corporation and affiliates, Beta Communications, Inc., an Arizona Corporation and affiliates, and Betacom of Phoenix, Inc., an Arizona Corporation, Plaintiffs-Appellees.

United States District Court, D. Arizona.

September 24, 1998.

Attorney(s) appearing for the Case

James E. Cross, Phoenix, AZ, for Debtor.

Michael Evan Gottfried, Phoenix, AZ, for Defendants-Appellants.

James E. Cross, Paul Sala, Joseph K. Brinig, Jr., Phoenix, AZ, for Plaintiffs-Appellees.

Order and Memorandum

VAN SICKLE, District Judge.

This is an appeal by Defendants F. Patrick and Anita Nugent ("Nugents") from an order of the bankruptcy judge: Granting Debtors' Motion for Summary Judgment in Part and Denying Nugents' Cross-Motion for Summary Judgment ("Order").

The Order, filed September 30, 1997, concerned the application of section 510(b) of the Bankruptcy Code ("the Code"), which provides, in pertinent part, that claims for damages...

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