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IN RE SOUTHERN PACIFIC FUNDING CORP.

No. 00-35019.

268 F.3d 712 (2001)

In re: SOUTHERN PACIFIC FUNDING CORPORATION, Debtor. Spieker Properties, L.P., Appellant, v. The SPFC Liquidating Trust, and Bank of New York; HSBC Bank USA; Southern Pacific Funding Corporation, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 15, 2001.

Attorney(s) appearing for the Case

David W. Criswell, Ball Janik LLP, Portland, Oregon, for the appellant.

Gregg D. Johnson, Ater Wynne LLP, Portland, Oregon, for appellee Bank of New York, Indenture Trustee.

Edward Fox, Pryor Cashman Sherman & Flynn LLP, New York, New York, for appellee HSBC Bank USA, Indenture Trustee.

Before: David R. THOMPSON, A. Wallace TASHIMA, and Susan P. GRABER, Circuit Judges.

Argued and Submitted September 12, 2001 — Portland, Oregon.

TASHIMA, Circuit Judge:

This appeal challenges the bankruptcy court's confirmation of the Second Amended Plan of Reorganization (the "Plan") of Debtor Southern Pacific Funding Corporation ("SPFC"), in a case under Chapter 11 of the Bankruptcy Code. The challenge is brought by Appellant Spieker Properties, SPFC's landlord and an unsecured creditor.1 Appellees are...

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