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IN RE R.B.B., INC.

No. 99-16059.

211 F.3d 475 (2000)

In re R.B.B., INC., d/b/a Ferrari of Los Gatos, Debtor. Ferrari North America, Inc., Appellant, v. Charles E. Sims, Trustee; Official Committee of Unsecured Creditors, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 27, 2000.

Attorney(s) appearing for the Case

Dale L. Bratton, Heller Ehrman White & McAuliffe, San Francisco, California, Carl J. Chiappa, Kirkpatrick & Lockhart, New York, New York, for appellant Ferrari North America, Inc.

Michael St. James, Rosenblum, Parish & Isaacs, P.C., Bupp, San Francisco, California, for appellees Official Committee of Unsecured Creditors.

Paul F. Goldsmith, Kornfield, Paul & Bupp, Oakland, California, for appellees, Charles E. Sims, Chapter 11 Trustee, for R.B.B., Inc., dba Ferrari of Los Gatos, Debtor.

Before: SCHROEDER, NOONAN, and TASHIMA, Circuit Judges.

NOONAN, Circuit Judge:

Ferrari North America (FNA) appeals the order of the Bankruptcy Appellate Panel (the BAP) approving the assumption of a dealership franchise by the trustee in bankruptcy (the Trustee) and the assignment and sale by the Trustee of the franchise to an entity called Symbolic Motor Car Company, Inc. (Symbolic). FNA's appeal is moot if Symbolic is a purchaser in good faith. Holding that Symbolic is not, we reverse the order of assignment and sale...

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