IN RE WESTGATE-CALIFORNIA CORP

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Docket Number

No. 77-1541.

Attorney(S)

Louis M. Karp, San Diego, Cal., for plaintiffs-appellants. Isaac N. Pachulski, Los Angeles, Cal., for defendant-appellee.

Judges

Alfred Theodore Goodwin
Warren John Ferguson
Malcolm Millar Lucas

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IN RE WESTGATE-CALIFORNIA CORPORATION. PEPPERLAND, INC., BONSALL HIGHLANDS ESTATES, INC., KEYSTONE BROKERAGE COMPANY, PACIFIC VIEW CONDOMINIUMS, INC., SAN LUIS REY ESTATES, SAN LUIS REY DOWNS, INC., AND URICK HOLLIS, PLAINTIFFS-APPELLANTS, v. WESTGATE-CALIFORNIA CORPORATION, DEFENDANT-APPELLEE.

PER CURIAM:Page 984

In this appeal from Chapter X proceedings of the Bankruptcy Act, the record demonstrates that the district judge did not abuse his discretion in dismissing amended proofs of claim.

The amended proofs were filed after the last day for filing claims against each of the debtors had passed. They cannot relate back to the date of the original proofs because the original claims did not give fair notice of the conduct, transaction or occurrence that forms the basis of the claim asserted in the amendment. In re Ebeling, 123 F.2d 520 (7th Cir. 1941).

AFFIRMED.

IN RE WESTGATE-CALIFORNIA CORPORATION. PEPPERLAND, INC., BONSALL HIGHLANDS ESTATES, INC., KEYSTONE BROKERAGE COMPANY, PACIFIC VIEW CONDOMINIUMS, INC., SAN LUIS REY ESTATES, SAN LUIS REY DOWNS, INC., AND URICK HOLLIS, PLAINTIFFS-APPELLANTS, v. WESTGATE-CALIFORNIA CORPORATION, DEFENDANT-APPELLEE.

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