IN RE HIGGINBOTHAM

No. 90-1536.

917 F.2d 1130 (1990)

In re Larry Kenneth HIGGINBOTHAM d/b/a L & B Building Supplies, Inc., Debtor. In re Lynn SCHLESSMAN d/b/a L & B Building Supplies, Inc., Debtor. In re NOEL SHEET IRON MFG., INC., Debtor. In re COUNTY LUMBER CO., Debtor. Larry Kenneth HIGGINBOTHAM, d/b/a L & B Building Supplies, Inc., Debtor, Appellant, v. The CORNER STONE BANK, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 29, 1990.


Attorney(s) appearing for the Case

Barry R. Langford, Joplin, Mo., for appellant.

Sylvia K. Byrnes-Ales, Joplin, Mo., for appellee.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and WOLLMAN, Circuit Judge.


LAY, Chief Judge.

Larry Higginbotham, the debtor in a Chapter 7 bankruptcy case, objects to a successor judge deciding his case based on the unfiled findings of fact and conclusions of law of the presiding judge, who died after trial but before issuing a final order. The district court1 affirmed the successor judge's decision and refused to order a new trial. 112 B.R. 315. We affirm; we hold that Higginbotham...

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