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IN RE CUMMINS

BAP No. CC-81-1038-VGH, Bankruptcy No. SA 80-01682 PE, Adv. No. SA 80-0860.

20 B.R. 652 (1982)

In re Melvin Beecher CUMMINS and Louise Olivia Cummins, Debtor. James A. FRANKFURTH dba The Wizard Group, Plaintiff-Appellant, v. Melvin Beecher CUMMINS and Louise Olivia Cummins, Defendants-Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

May 13, 1982.

ORDER

The Cummins, appellees herein, filed a timely motion for rehearing. They urge this court to reconsider its decision, 15 B.R. 893, and assert that the panel assumed disputed facts as admitted and relied upon matters outside the record. We deny the motion.

I.

Shortly after the outset of trial, the trial court concluded that the case should be disposed of on a legal issue...

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