IN RE SWEET TRANSFER & STORAGE, INC.

No. 88-4156.

896 F.2d 1189 (1990)

In re SWEET TRANSFER & STORAGE, INC., Debtor. Michael R. MIYAO; Steven D. Betten; Anton J. Miller, Appellants, v. David J. KUNTZ; Sweet Transfer & Storage, Inc., Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 21, 1990.


Attorney(s) appearing for the Case

Anton J. Miller, Tacoma, Wash., for appellants.

Roger E. Rahlfs, Robben & Blauert, Seattle, Wash., for appellees.

Before BROWNING, POOLE and BEEZER, Circuit Judges.


BEEZER, Circuit Judge:

Michael R. Miyao, Steven D. Betten and Anton J. Miller appeal the Bankruptcy Appellate Panel ("BAP")'s dismissal of their appeal for failing to timely file their notice of appeal. They argue that the BAP's decision should be reversed because there has not yet been a final judgment. Alternatively, they argue that their notice of appeal was timely under Bankruptcy Rule ("BR") 8002 and Fed.R.App.P. 4(a) or should be treated as if it were due to...

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