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IN RE STANDARD METALS CORP.

No. 85-2783.

817 F.2d 625 (1987)

In re STANDARD METALS CORPORATION, Debtor. Dann S. SHEFTELMAN, individually and on behalf of all others similarly situated, Creditor-Appellant, v. STANDARD METALS CORPORATION, Creditors' Committee; Securities and Exchange Commission; and National Bank of Georgia, Appellees.

United States Court of Appeals, Tenth Circuit.

April 20, 1987.

Attorney(s) appearing for the Case

Nicholas Chimicles of Greenfield & Chimicles, Haverford, Pa. (Robert H. Levin, of Adelman, Lavine, Krasny, Gold & Levin, Philadelphia, Pa. and Michael E. Romero, of Isaacson, Rosenbaum, Woods, Snow & Levy, Denver, Colo., with him on the briefs), for creditor-appellant.

Glen E. Keller, Jr. of Davis, Graham & Stubbs, Denver, Colo. (Christopher L. Richardson and C. Randel Lewis, of Davis, Graham & Stubbs, Denver, Colo., with him on the brief), for debtor-appellee.

Richard A. Kirby, Asst. Gen. Counsel, S.E.C., Washington, D.C. (Daniel L. Goelzer, Gen. Counsel, Paul Gonson, Sol., and Leslie E. Smith, Atty., with him on the briefs), for appellee S.E.C.

Brent T. Johnson of Fairfield and Woods, Denver, Colo. (Stephen W. Seifert of Fairfield and Woods, Denver, Colo., with him on the brief), for appellee Creditors' Committee.

Before BARRETT, SETH and TACHA, Circuit Judges.

TACHA, Circuit Judge.

This case presents a question of the availability of class action procedures to a creditor filing a claim in the bankruptcy court. Sheftelman appeals from a district court order affirming the bankruptcy court's dismissal of a proof of claim filed by Sheftelman on his own behalf and on behalf of a group of bond purchasers. We affirm.

Standard Metals Corp. (Standard) is a gold mining and milling...

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