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IN RE DUMAS

BAP No. AZ-82-1104HKG, Bankruptcy No. B-80-2824 PHX, Adv. No. 81-008.

28 B.R. 1 (1983)

In re Michael DUMAS, D.M.D., Debtor. FSI FINANCIAL GROUP, INC., FSI Financial Services Corp., Uniro Investment Bank of Munich, Germany, Jean Farnan, Donald Green, Standard Mortgage Services, Inc., and Joseph Salamone, Appellants, v. Michael S. DUMAS and Paul K. Vanye, individually and as co-partners of Scottsdale Place Associates, a partnership, and Scottsdale Place Associates, partnership, Appellees.

United States Bankruptcy Appellate Panels for the Ninth Circuit.

Decided March 15, 1983.

Attorney(s) appearing for the Case

"2"/> Michael J. Rusing, Bilby, Shoenhair, Warnock & Dolph, P.C., Tucson, Ariz., for appellants.

John Rea, Winston & Strawn, Phoenix, Ariz., for appellees.

Before HUGHES, KATZ and GEORGE, Bankruptcy Judges.

OPINION

HUGHES, Bankruptcy Judge:

Appellants suffered summary judgment on their counterclaims. In this appeal, they question the order as to four of the five counts. We reverse.

I

Dumas, a Chapter 11 debtor, and a fellow doctor sued appellants in the state court. The action was removed by them to the bankruptcy court. Appellants filed an answer and a five-count counterclaim. The doctors moved for partial summary judgment, which was granted...

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