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IN RE PACIFIC TRENCHER AND EQUIPMENT, INC.

No. 83-1804.

718 F.2d 972 (1983)

In re PACIFIC TRENCHER AND EQUIPMENT, INC., Debtor. KOEHRING COMPANY and Koehring Finance Corporation, Plaintiffs-Appellants, v. M. NOLDEN, Trustee in Bankruptcy, Credit American Corporation and Credit Alliance Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

October 21, 1983.

Attorney(s) appearing for the Case

John Marchant, Mark S. Unger, Sedgwick, Detert, Moran & Arnold, Dennis Montali, Pillsbury, Madison & Sutro, San Francisco, Cal., for plaintiffs-appellants.

Peter J. Busch, Howard, Rice, Nemerovski, Canady, Robertson & Falk, Robert E. Phelan, Phelan & Stuppi, San Francisco, Cal., for defendants-appellees.

Before CHOY, ANDERSON and ALARCON, Circuit Judges.

ORDER

The parties' joint petition for rehearing demonstrates that: (1) the "partial summary judgment" rendered in favor of defendant Nolden in the bankruptcy court was in fact a final disposition of all claims asserted by plaintiff against Nolden in the underlying adversary proceeding; (2) the order was subject to review by the Bankruptcy Appellate Panel under 28 U.S.C. § 1482(a) and there was no need to seek the Panel's permission to appeal under 28 U.S.C...

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