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MATTER OF DIERSCHKE

No. 92-1303 Summary Calendar.

975 F.2d 181 (1992)

In the Matter of Marvin A. DIERSCHKE, d/b/a Marvin Dierschke Farms, and Janis L. Dierschke, d/b/a Marvin Dierschke Farms, Debtors. Brian DIERSCHKE, Appellant, v. Walter O'CHESKEY, Trustee, and Tom L. Tippens, Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 19, 1992.

Attorney(s) appearing for the Case

Billy Warren Boone, Abilene, Tex., for appellant, debtors.

John Charles Sims, Sims, Kidd, Hubbert & Wilson, Lubbock, Tex., for appellee Walter O'Cheskey.

Stephen D. Beam, Jonathan R. Davis, Shannon, Porter, Johnson, Pfluger & Davis, Weatherford, Okl., for appellee Tom L. Tippens.

Before POLITZ, Chief Judge, DUHÉ and DeMOSS, Circuit Judges.

POLITZ, Chief Judge:

Brian Dierschke appeals a decision of the district court denying him relief from entry of a default and the subsequent judgment by default by the bankruptcy court. The district court affirmed. Finding neither error nor abuse of discretion we affirm.

Background

This case arises out of a voluntary bankruptcy proceeding involving Dierschke's parents. The trustee and a creditor1 commenced

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