Sea Harvest Corporation v. Riviera Land Company

868 F.2d 1077 20 Collier Bankr.Cas.2d 1269 , 13 Fed.R.Serv.3d 353 , 18 Bankr.Ct.Dec. 1524 , Bankr. L. Rep. P 72,696 SEA HARVEST CORPORATION; Clam Shacks of America, Debtors in Possession-Appellants, v. RIVIERA LAND COMPANY; Hit 'N' Miss Gun Club, Appellee in District Court-Appellee. No. 87-4092. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 4, 1988. Decided Feb. 28, 1989. J. Anthony Hoare, Seattle, Wash., for appellants. Jeffrey C. Wishko, LeSourd & Patten, P.S., Seattle, Wash., for appellee. Appeal from the United States District Court for the Western District of Washington. Before BROWNING, WALLACE and BRUNETTI, Circuit Judges. WALLACE, Circuit Judge: 1 The debtors in possession of certain leases appeal from the district court's affirmance of a bankruptcy court order which denied their assumption of the leases for failure to satisfy the requirements of 11 U.S.C. Sec. 365 (d)(4). Riviera Land Company (Riviera), one of the lessors, seeks double costs and attorney's fees. The district court had jurisdiction of the appeals from the bankruptcy court under 28 U.S.C. Sec. 158 (a). We have jurisdiction pursuant to 28 U.S.C. Sec. 158 (d). We affirm the…