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IN RE SHOWPLACE SQUARE LOFT CO., LLC

Bankruptcy No. 02-31298DM, Adversary No. 02-3157DM.

289 B.R. 403 (2003)

In re SHOWPLACE SQUARE LOFT COMPANY, LLC, Debtor. Showplace Square Loft Company, LLC, Plaintiff, v. Primecore Mortgage Trust, Inc., Primecore Funding Group, Inc.; Primecore Properties, Inc.; ULF Ingmar Kauffeldt; Gerard Simonowicz; David Innes Walker; William Craig Walker; BBJ Electric, Inc.; Killarney Construction Company, Inc.; Ronan Patrick Manning; Donald Raymond Freas; and ICF Enterprises, Inc., Defendants.

United States Bankruptcy Court, N.D. California.

February 6, 2003.

Attorney(s) appearing for the Case

Michael C. Johnson, Law Offices of Michael C. Johnson, San Mateo, CA, Russell D. Pollock, Greene, Radovsky, MAloney and Share, Mark J. Romeo, Matthew J. Shier, Pinnacle Law Group, San Francisco, CA, Deborah E.G. Wilder, Belmont, CA, for creditor.

Cathleen Cooper Moran, Moran Law Group, Inc., Mountain View, CA, for debtor.

MEMORANDUM DECISION ON MECHANIC'S LIEN CLAIMANT'S MOTION FOR SUMMARY JUDGMENT

DENNIS MONTALI, Bankruptcy Judge.

On January 24, 2003, this court held a hearing on the motion for summary judgment ("MSJ") filed by Defendant Killarney Construction Company, Inc. ("Killarney"). Defendant Primecore Mortgage Trust, Inc. ("Primecore") filed an opposition to the MSJ. For the reasons stated below, the court will grant summary judgment in part and deny summary...

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