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IN RE SMITH

Bankruptcy No. C 81-358.

38 B.R. 685 (1982)

In re Frank John SMITH, Debtor. The OHIO CITIZENS BANK f/b/a Ohio Citizens Trust Company, Plaintiff, v. Frank John SMITH, Defendant.

United States District Court, N.D. Ohio, W.D.

October 22, 1982.

OPINION AND ORDER

POTTER, District Judge:

This matter is before the Court on plaintiff's motion to dismiss appeal and defendant's opposition thereto. Plaintiff contends that this appeal should be dismissed because it was not timely filed as required by Bankruptcy Rule 802. Defendant alleges that his notice of appeal is timely. According to defendant, his failure to file the notice of appeal within the ten day period...

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