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IN RE ZUPANCIC

BAP No. CC-82-1255-VAbP, Bankruptcy No. LA-80-04993(CA).

38 B.R. 754 (1984)

In re Derek J. ZUPANCIC and Linda J. Zupancic, Debtors. Derek ZUPANCIC, D/W Development, Co., Appellant, v. Malcolm Jerome WINER, et al., Defendants.

United States Bankruptcy Appellate Panels for Ninth Circuit.

Decided April 30, 1984.

Attorney(s) appearing for the Case

Stephenie Nordlinger, Baltaxe, Ruthin & Levin, Beverly Hills, Cal., for appellant.

John Joseph Mulrooney, Los Angeles, Cal., for defendants.

Before VOLINN, ABRAHAMS and PYLE, Bankruptcy Judges.

OPINION

SIDNEY C. VOLINN, Bankruptcy Judge:

This is an appeal by the debtor, Derek J. Zupancic, from a final judgment and order granting appellee's motion for summary judgment. The order dismissed debtors' amended complaint, alleging an oral partnership agreement with appellee, Malcolm J. Winer. We reverse.

I. INTRODUCTION

A. FACTS

Debtors Derek J. and Linda J. Zupancic filed a Chapter 11 bankruptcy petition in the Central District...

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