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IN RE ATENCIO

No. 90-2087.

913 F.2d 814 (1990)

In re Luis ATENCIO; Francis Atencio, doing business as El Paragua and Las Brazas Restaurants, Debtors, Luis Atencio; Francis Atencio, Appellants, In re John D. Phillips, Trustee and Real Party in Interest, In re El Pueblo State Bank, Movant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 27, 1990.

Attorney(s) appearing for the Case

Lorenzo E. Atencio, Espanola, N.M., for debtors-appellants.

John D. Phillips and Larry Heyeck, of Keleher & McLeod, P.A., Albuquerque, N.M., for the trustee.

Ernest E. Valdez, of Valdez & Read, Santa Fe, N.M., and Robert A. Bassett and Martin R. Esquivel, of Montgomery & Andrews, P.A., Albuquerque, N.M., for movant-appellee.

Before BALDOCK, BRORBY and EBEL, Circuit Judges.

BALDOCK, Circuit Judge.

Debtors appeal from a district court order denying their motion for a stay pending appeal. See Bankr.R. 8005 (stay pending appeal). Still pending in the district court is a motion for rehearing concerning that denial. See Bankr.R. 8015, but see D.N.M.R. 9(a)(7) (Jan. 26, 1990) (purporting to eliminate motions for rehearing unless district judge grants leave to file in the order entered on appeal). The requested stay...

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