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IN RE HERD

No. 86-1710.

840 F.2d 757 (1988)

In re Paul Weldon HERD, Debtor. ROWE INTERNATIONAL, INC., Plaintiff-Appellee, v. Paul Weldon HERD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 25, 1988.

Attorney(s) appearing for the Case

William Thomas Thurman & Joel T. Marker, Salt Lake City, Utah, for defendant-appellant.

Herschel J. Saperstein & Steven T. Waterman, Watkiss & Campbell, and L. Rich Humphreys & Gainer M. Waldbillig, Christensen, Jensen & Powell, P.C., Salt Lake City, Utah, for plaintiff-appellee.

Before MOORE, TACHA and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

This appeal concerns the effect of an erroneous bar date on a notice to creditors in a bankruptcy proceeding.1 Paul Weldon Herd, debtor-appellant, filed a petition for reorganization under chapter 11 of the Bankruptcy Code on September 9, 1983. The debtor was a general partner in a partnership indebted to Rowe International, Inc., creditor-appellee. Debtor scheduled the creditor's claim as disputed. The notice to...

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