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IN THE MATTER OF HUBBARD

No. 75-3176.

577 F.2d 98 (1978)

In the Matter of Gerald L. HUBBARD and Vivian Hubbard, Bankrupt. James E. ALEXANDER, Jewel B. Alexander and Joel Mithers, Trustee in Bankruptcy, Appellants, v. Gerald L. HUBBARD and Vivian Hubbard, Defendants.

United States Court of Appeals, Ninth Circuit.

June 15, 1978.

Attorney(s) appearing for the Case

Walter M. Modler, (argued), Encino, Cal., for appellants.

Earle Hagen, (argued), Beverly Hills, Cal., for defendants.

Before BARNES and HUFSTEDLER, Circuit Judges, and NIELSEN, District Judge.

BARNES, Senior Circuit Judge:

We find no error and no abuse of discretion on the part of the District Judge, and adopt his opinion appearing in the Clerk's Transcript at pages 45 to 47.1

We affirm the dismissal.

APPENDIX

In the Matter of GERALD L. HUBBARD and VIVIAN HUBBARD, Bankrupts.

JAMES E. ALEXANDER, JEWEL B. ALEXANDER and JOEL MITHERS, Trustee in Bankruptcy, Plaintiffs,

vs.

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