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IN RE BUCKENMAIER

BAP No. AZ-90-1703-VAsP, Bankruptcy No. 87-0153-PHX-SSC.

127 B.R. 233 (1991)

In re Edward R. BUCKENMAIER and Anna Marie Buckenmaier, Debtors. CAMELBACK HOSPITAL, INC., Appellant, v. Anna Marie BUCKENMAIER, Gary Shield, Edward Buckenmaier, Robert Vucurevich, Trustee, and James F. Campbell, M.D., Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided May 20, 1991.

Attorney(s) appearing for the Case

Donald Froeb, Phoenix, Ariz., for appellant Camelback Hosp.

Donald D. Skypeck, Phoenix, Ariz., for appellee Edward Buckenmaier.

Keith Forsyth, Phoenix, Ariz., for appellee Anna Buckenmaier.

Douglas Wymore, Phoenix, Ariz., for appellee Gary Shield.

Before VOLINN, ASHLAND and PERRIS, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge:

OVERVIEW

Appellant Camelback Hospital, Inc. ("Camelback" or "Hospital") appeals from an order which bars its contingent claim for contribution against debtor Edward Buckenmaier ("Buckenmaier"). Camelback's principal contention is that it should be permitted to setoff its contribution claim against any monies Buckenmaier may potentially recover in his own action now pending against Camelback.

We reverse...

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