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IN RE ARDEN PROPERTIES, INC.

No. 98-12312-PHX-RJH.

248 B.R. 164 (2000)

In re ARDEN PROPERTIES, INC., Debtor.

United States Bankruptcy Court, D. Arizona, Phoenix Division.

May 1, 2000.

Attorney(s) appearing for the Case

John J. Hebert, Carolyn J. Johnsen, Hebert, Schenk & Johnsen, Phoenix, AZ, for Debtor.

David E. Ledyard, Faith, Ledyard & Nickel, Avondale, AZ, Janet Briggs, Martin, Bischoff, Templeton, Langslet & Hoffman LLP, Portland, OR, Pamela Kohlman Webster, Buchalter, Nemer, Fields & Younger, Los Angeles, CA, David L. Blount, Landye Bennett Blumstein, Portland, OR, Co-Counsel for National Mortgage Co.

J. Michael Rockett, U.S. Department of Justice, San Francisco, CA, for EPA.

Kathy Steuer, Assistant Regional Counsel, U.S. Environmental Protection Agency Region 9 (ORC-2), San Francisco, CA.

Opinion On Secured Creditor's Motion For New Confirmation Trial Or For Amended Findings, Conclusions and Judgment on Confirmation

RANDOLPH J. HAINES, Bankruptcy Judge.

Secured creditor National Mortgage Co. ("National") has moved, pursuant to Bankruptcy Rule 9023, incorporating F.R.Civ.P. Rules 59(a) and (e), for a new trial on confirmation of the plan of reorganization dated December 15, 1998, as modified on May 12, 1999 (the "Plan") filed by...

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