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IN RE BURLEY

No. 83-5565.

738 F.2d 981 (1984)

In re James A. BURLEY and Elsie M. Burley, Debtors. B.H. BRINEY and Lucile Briney, Creditors/Appellees, v. James A. BURLEY and Elsie M. Burley, Debtors/Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 3, 1984.

As Amended July 26, 1984.

Attorney(s) appearing for the Case

Yale Harlow, Pomona, Cal., for creditors/appellees.

Richard Levin, Stutman, Treister & Glatt, Los Angeles, Cal., for debtors/appellants.

Before CHOY, FARRIS, and NORRIS, Circuit Judges.

FARRIS, Circuit Judge:

Burley appeals from a decision of the bankruptcy appellate panel (BAP). The BAP reversed the bankruptcy court's denial of a creditor's Fed.R.Civ.P. 60(b) motion to set aside the discharge of Burley's debts.

Burley contends that the BAP decision is invalid: (1) because the BAP was rendered unconstitutional by the Supreme Court's decision in Northern Pipeline Const. Co. v. Marathon Pipe Line Co., 458 U.S. 50

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