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IN RE CANTRELL

No. 01-17358.

329 F.3d 1119 (2003)

In re Gregory Dewitt CANTRELL, Debtor, Cal-Micro, Inc.; Cal-Micro, Inc., Employee Stock Option Plan; The Pauline Countryman 1990 Trust, Appellants, v. Gregory Dewitt Cantrell, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 28, 2003.

Attorney(s) appearing for the Case

Brian Fortune Gill, The Gill Law Offices, Pacific Grove, CA, argued the cause and filed briefs for the appellants.

Jon R. Vaught, Vaught & Boutris, LLP, Oakland, CA, argued the cause and filed a brief for the appellee.

Before STAPLETON, O'SCANNLAIN and FERNANDEZ, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide whether a corporate officer who is personally liable for corporate fraud may discharge such debt in bankruptcy.

I

In May 1995, Cal-Micro, Inc., the Cal-Micro, Inc. Employee Stock Option Plan, and the Pauline Countryman 1990 Trust (collectively "Cal-Micro") filed a complaint in California Superior Court alleging, inter alia, that Gregory Cantrell breached fiduciary duties owed to Cal-Micro while serving as...

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