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IN RE FAIRCHILD

No. 91-6261.

969 F.2d 866 (1992)

In re Donald W. FAIRCHILD, Debtor. Donald W. FAIRCHILD, Appellant, v. INTERNAL REVENUE SERVICE OF UNITED STATES, Appellee.

United States Court of Appeals, Tenth Circuit.

July 6, 1992.

Attorney(s) appearing for the Case

Kenneth L. Spears, Kenneth L. Spears, P.C., Oklahoma City, Okl., for appellant.

Shirley D. Peterson, Asst. Atty. Gen., Gary R. Allen, Gary D. Gray, and Edward T. Perelmuter, Attorneys, Dept. of Justice, Washington, D.C., and Michael J. Norton, U.S. Atty., Denver, Colo., of counsel, for appellee.

Before ANDERSON and BALDOCK, Circuit Judges, and CONWAY, District Judge.

BALDOCK, Circuit Judge.

Debtor-appellant Donald W. Fairchild appeals from an order of the district court affirming an order of the bankruptcy court denying debtor permission to withdraw his objection to creditor-appellee Internal Revenue Services' (IRS) proof of claim. On appeal, debtor argues the bankruptcy court erred in failing to allow debtor to withdraw his objection to the proof of claim and in applying Fed.R.Civ.P. 41(a). We affirm.

The IRS filed a...

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