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IN RE WYMER

BAP No. 80-0001, Bankruptcy No. 79-23464-WH, Adv. No. 79-0008.

5 B.R. 802 (1980)

In re Joseph P. WYMER, Jr., Debtor. Joseph P. WYMER, Jr., Defendant-Appellant, v. Rhonda B. WYMER, Plaintiff-Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Concurring Opinion June 16, 1980.

Attorney(s) appearing for the Case

Raymond P. Van Stockum, Jones & Pittullo, P.C., Upland, Cal., for appellant.

Stephen M. Shirley, Shirley, Johnson & Shirley, Pomona, Cal., for appellee.

Before KATZ, GEORGE and HUGHES, Bankruptcy Judges.

OPINION AND ORDER

HUGHES, Bankruptcy Judge.

Appellant has obtained two orders from this panel, the first specifically staying an execution sale scheduled for the following day and the second generally staying enforcement of the judgment pending appeal. Having reexamined the record and reviewed applicable law, we conclude that by granting the second stay the panel departed from fundamental principles of appellate review and unnecessarily assumed responsibilities...

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