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IN RE BELL & BECKWITH

Nos. 90-3434, 90-3454.

937 F.2d 1104 (1991)

In re BELL & BECKWITH, Debtor. Mary L. McKENNY, Executrix of the Estate of Charles A. McKenny; Mary L. McKenny (90-3434), Plaintiffs-Appellants, Marie P. Schedel, Executrix of the Estate of Joseph J. Schedel (90-3454), Intervenor-Appellant, v. Patrick A. McGRAW, Trustee; Securities Investor Protection Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 1, 1991.

Attorney(s) appearing for the Case

Louis J. Hattner, Richard E. Wolff, Spengler, Nathanson, Heyman, McCarthy & Durfee, Toledo, Ohio, and Frank C. Razzano (argued), Shea & Gould, Washington, D.C., for plaintiffs-appellants.

Mary Ann Whipple, Fuller & Henry, Toledo, Ohio, and Stephen P. Harbeck (argued) and Theodore H. Focht, Washington, D.C., for defendants-appellees.

John W. Rozic and Charles E. Brown, Brown, Baker, Schlageter & Craig, Toledo, Ohio, for intervenor-appellant.

Before KENNEDY and MARTIN, Circuit Judges, and ENGEL, Senior Circuit Judge.

KENNEDY, Circuit Judge.

Plaintiffs Mary L. McKenny and the Estate of Charles A. McKenny appeal the District Court's affirmance of the bankruptcy court's judgment dismissing their complaints under the Securities Investor Protection Act, 15 U.S.C. § 78aaa et seq. ("SIPA"). Intervening plaintiff Schedel appeals the District Court's judgment dismissing her appeal as untimely. Plaintiffs allege that the trustee's...

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