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IN RE PRESTIGE LIMITED PARTNERSHIP-CONCORD

No. 97-17166.

164 F.3d 1214 (1999)

In re PRESTIGE LIMITED PARTNERSHIP-CONCORD, a California Limited Partnership, Debtor. Prestige Limited Partnership-Concord, Plaintiff-Appellee, v. East Bay Car Wash Partners, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 11, 1999.

Attorney(s) appearing for the Case

David B. Draper and Martin D. Dioli, Ropers, Majeski, Kohn & Bentley, San Jose, California, for the defendant-appellant.

Peter W. Davis (argued) and Eugene K. Yamamoto, Crosby, Heafey, Roach & May, San Francisco, California, for the plaintiff-appellee.

Before: D.W. NELSON, RYMER, and T.G. NELSON, Circuit Judges.

PER CURIAM:

Creditor East Bay Car Wash Partners ("East Bay") timely appeals the district court's order affirming the bankruptcy court's order granting partial summary judgment in favor of debtor Prestige Limited Partnership-Concord ("Prestige") in Prestige's adversary proceeding against East Bay. East Bay's primary contention here is that its attachment of Jerry Brassfield's unpledged assets in a separate state court action on the underlying obligation for breach...

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