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IN RE GALLERIA ENTERPRISES OF MARYLAND, LTD.

Bankruptcy No. 86-B-1595, Adv. No. 87-0024B.

102 B.R. 472 (1989)

In re GALLERIA ENTERPRISES OF MARYLAND, LTD., Debtor. GUCCI AMERICA, INC., Guccio Gucci S.p.A., and Gucci Parfums International Ltd., Inc., Plaintiffs, v. MICHAEL FOX AUCTIONEERS, INC., Defendant.

United States Bankruptcy Court, D. Maryland.

June 27, 1989.

Attorney(s) appearing for the Case

Lawrence D. Coppel, Gordon, Feinblatt, Rothman, Hoffberger and Hollander, Baltimore, Md., Allan A. Tuttle, John C. Martin, John F. Fithian, Patton, Boggs & Blow, Washington, D.C., for plaintiff Gucci America, Inc., Guccio Gucci S.p.A., and Gucci Parfums Intern., Ltd., Inc.

F. Thomas Rafferty, Schwarz, Greenblatt & Rafferty, Baltimore, Md., for defendant Michael Fox Auctioneers, Inc.

George W. Liebmann, Baltimore, Md., Trustee.

MEMORANDUM OPINION GRANTING MOTION IN LIMINE TO EXCLUDE EVIDENCE OF STATE OF MIND OF CIVIL CONTEMNOR

JAMES F. SCHNEIDER, Bankruptcy Judge.

The question raised in this case is whether a defendant held in civil contempt by a bankruptcy court for violation of a court order may introduce evidence of its good faith in mitigation of damages and counsel fees sought by a plaintiff. The Court holds that such evidence is irrelevant in cases of civil contempt and therefore...

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