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IN RE SILVER STATE HELICOPTERS, LLC

No. 08-80165.

566 F.3d 1177 (2009)

In re SILVER STATE HELICOPTERS, LLC. Western Aircraft, Inc., Petitioner, v. James F. Lisowski, Sr., Trustee-Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 28, 2009.

Attorney(s) appearing for the Case

Matthew C. Zirzow and Gerald M. Gordon, Gordon & Silver Ltd., Las Vegas, Nevada; Jerry Hall, Jr. and Patrick Potter, Pillsbury Wintrop Shaw Pitman LLP, Washington, DC, for the petitioner.

Victoria Nelson and Ogonna M. Atamoh, Santoro Driggs Walch Kearney Johnson & Thompson, Las Vegas, Nevada, for the trustee-respondent.

Before: ALEX KOZINSKI, Chief Judge, and HAWKINS, Circuit Judge.

ORDER

In the instant case, Western Aircraft ("Western") leased commercial real estate to Silver State Helicopters ("Silver State"). Silver State later filed for Chapter 7 bankruptcy relief. After the trustee was appointed, Western demanded that the trustee pay the rent that had accrued under the lease for the first 60 days following Silver State's filing of the bankruptcy petition. The trustee failed to pay the rent. Western moved the bankruptcy court for an order...

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