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PITRAT v. GARLIKOV

No. 90-15252.

992 F.2d 224 (1993)

Claude PITRAT, Trustee; Kendrick M. Mercer, P.C.; and First Interstate Leasing Service Corporation, Movants/Appellees, v. Ronald S. GARLIKOV and Reda S. Garlikov, Respondents-Appellants. Stanley W. FOGLER, Trustee; First Interstate Leasing Service Corp.; and Kendrick M. Mercer, Movants/Appellees, v. Richard James FLINDALL, Respondent/Appellant.

United States Court of Appeals, Ninth Circuit.

Opinion Filed October 25, 1991.

Opinion Withdrawn December 21, 1992.

Orders Filed December 21, 1992.

Orders Withdrawn May 5, 1993.

Decided May 5, 1993.

Attorney(s) appearing for the Case

John Friedeman, Phoenix, AZ, for movant/appellee Pitrat.

Charles W. Lowe, Phoenix, AZ, for movant/appellee Fogler.

Carolyn J. Johnson and Joseph A. Schenk, Herbert, Schenk, Johnson & Drake, Phoenix, AZ, for respondents/appellants.

Before: CHOY and SNEED, Circuit Judges, and KELLEHER, District Judge.

ORDER

Appellee Fogler's petition for rehearing is granted and the orders filed December 21, 1992 are withdrawn. This Order does not affect the withdrawal of the October 25, 1991 opinion, 947 F.2d 419, and dissenting opinion.

OPINION

CHOY, Circuit Judge:

Ronald S. Garlikov and James Flindall filed voluntary petitions for bankruptcy protection under Chapter 7 of the bankruptcy code on April 29, 1988. Reda...

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