In re City of Desert Hot Springs

339 F.3d 782 In re CITY OF DESERT HOT SPRINGS, Debtor. Silver Sage Partners, Ltd., Richard Earlix, Robert E. Fillet, Paul Saben, Michael Link, Edward Moore, Jr. and Albert Pimentel, Appellant, v. City of Desert Hot Springs, Appellee. No. 02-55835. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 3, 2003. Filed April 29, 2003. Amended August 11, 2003. COPYRIGHT MATERIAL OMITTED William J. Davis, Davis & Company, Los Angeles, CA, for the appellants. James O. Johnston, Jr., Hennigan, Bennett & Dorman, Los Angeles, CA, for the appellee. Appeal from the Ninth Circuit Bankruptcy Appellate Panel; Perris, Marlar and Montali, Bankruptcy Judges, Presiding. BAP No. CC-02-01164-MoPMa. Before FERGUSON, HALL, and BERZON, Circuit Judges. ORDER CYNTHIA HOLCOMB HALL, Circuit Judge. 1 The opinion filed April 29, 2003, and found at 327 F.3d 930 , is hereby amended as follows: 2 p. 931, first paragraph, line 5: Change "motion to dismiss" to "objection to and motion to dismiss" 3 p. 931, first paragraph, line 10: Change "moved to dismiss the bankruptcy" to "objected to and moved to dismiss the bankruptcy" 4 p. 933, final paragraph of "Background" section: Delete the…