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IN RE TONG SEAE (U.S.A.), INC.

BAP Nos. NC 87-1301 MoVAs, NC 87-1302 MoVAs, Bankruptcy Nos. 4-85-03458C to 4-85-03460C, Adv. No. 485-0352AC.

81 B.R. 593 (1988)

In re TONG SEAE (U.S.A.), INC., a California corporation, Pacific Bubble Cell Company, Ltd., d/b/a American Bubble Corporation, f/d/b/a Fit-Trend Trading Co. Ltd., a Hong Kong corporation, Bridgeport Trading Company, Ltd., a California corporation, Debtors. TONG SEAE (U.S.A.), INC., and Bridgeport Trading Co., Ltd., Appellants, v. EDMAR CORPORATION, Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided January 21, 1988.

Attorney(s) appearing for the Case

Joseph A. Scanlan, Jr., Miller, Morton, Caillat & Nevis, San Jose, Cal., for appellants.

Laura Grad, Feldman, Waldman & Kline, San Francisco, Cal., for appellee.

Before MOOREMAN, VOLINN and ASHLAND, Bankruptcy Judges.

OPINION

MOOREMAN, Bankruptcy Judge:

This appeal arises from a judgment entered by the Bankruptcy Court below dismissing with prejudice the appellants/debtors' adversary action against the appellee. The appellants' complaint alleged violation of the automatic stay, conversion and damage to personal property. The Bankruptcy Court dismissed the complaint with prejudice pursuant to Federal Rule of Civil Procedure 37(b)(2)(C), which allows for the dismissal of...

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