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40235 WASHINGTON STREET CORP. v. LUSARDI

Nos. 01-56644, 01-56801.

329 F.3d 1076 (2003)

40235 WASHINGTON STREET CORPORATION, a California corporation, Plaintiff-Appellee, v. W.C. LUSARDI, an individual, Defendant-Appellant. 40235 Washington Street, Corporation, a California corporation, Plaintiff-Appellant, v. W.C. Lusardi, an individual, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 23, 2003.

Attorney(s) appearing for the Case

David A. Niddrie, Niddrie & Hegemier, LLP, for W.C. Lusardi.

Duane S. Horning, Mary A. Lehman, and James W. Huston, Gray Cary Ware & Friedenrich, LLP, for 40235 Washington Street Corporation.

Before PREGERSON, REINHARDT, and ARCHER Circuit Judges.

REINHARDT, Circuit Judge.

W.C. Lusardi purchased an apartment complex at a Riverside County tax foreclosure auction in 1990. Unbeknownst to Lusardi, the owner of the property, 40235 Washington Street Corporation ("WSC" or "the corporation") had recently filed a federal bankruptcy petition, creating an automatic stay preventing the sale. The sale was therefore void, and, although the bankruptcy petition was later dismissed, Lusardi never acquired possession or any...

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