IN RE GEORGE

No. 97-56628.

177 F.3d 885 (1999)

In re: James F. GEORGE, III & Margie R. George, Debtors. James F. George, III; Margie R. George, Appellants, v. City of Morro Bay; Santa Lucia National Bank; Wilhelm Hoppe; Tina Hoppe; Gordon Held; Julia Held, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 24, 1999.


Attorney(s) appearing for the Case

Shane Kramer, San Luis Obispo, California, for debtors-appellants James F. George III and Margie R. George.

David M. Fleishman, David R. Hunt, Hunt & Associates, San Luis Obispo, California, for appellee City of Morro Bay.

Before: D.W. NELSON, FERNANDEZ, and FLETCHER, Circuit Judges.


D.W. NELSON, Circuit Judge:

This case involves Chapter 11 debtors James F. George, III, and Margie R. George ("the Georges"). The Georges appeal the district court's order affirming the bankruptcy court's rulings. The bankruptcy court found that the Georges rejected their lease with the City of Morro Bay ("the City") under 11 U.S.C. § 365(d)(4) and that the City did not waive the right to assert that the lease had been rejected. The Georges argue that Section...

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