Legal Opinion

Fisher v. City of Huntington Beach

Court of Appeals for the Ninth Circuit

Decided August 24, 1981No. 79-3088PublishedCited by 1 opinion

1Opinion of the Court

ALARCON, Circuit Judge:

Appellant City of Huntington Beach, California, [City] appeals from a district court affirmance of the judgment of the bankruptcy court wherein the bankruptcy court refused to terminate a lease of real property between the City and the Huntington Limited [debtor], a limited partnership. The bankruptcy court also ordered a sale of the leasehold interest without the City’s consent, and permitted the proposed assignee to hypothecate the leasehold beyond the amount originally agreed to between the debtor and the City. This court has jurisdiction pursuant to 28 U.S.C. §…

2Cases cited29 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  3. Katchen v. LandySupreme Court of the United States · 1966
  4. Continental Illinois National Bank & Trust Co. v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of the United States · 1935
  5. Thompson v. Magnolia Petroleum Co.Supreme Court of the United States · 1940

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3Cited by1 opinion

  1. In Re the Huntington Limited, a Limited Partnership, Dba the Sheraton Beach Inn, Dba Driftwood Beach Club, Debtor-Appellee. Robert A. Fisher, Receiver v. City of Huntington Beach, a Municipal Corporation of the State of California and the Huntington Limited, a Limited Partnership, Dba the Sheraton Beach Inn, Dba Driftwood Beach Club, City of Huntington Beach, a Municipal Corporation of the State of California v. The Huntington Limited, a Limited Partnership, Dba Sheraton Beach Inn, Dba Driftwood Beach Club, Debtor, and Robert A. Fisher, Receiver, DefendantsCourt of Appeals for the Ninth Circuit · 1981

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