JEWELCOR INC. v. ASIA COMMERCIAL CO., LTD.

No. 93-7181.

11 F.3d 394 (1993)

In re JEWELCOR INCORPORATED; Jewelcor Jewelers and Distributors, Inc.; Gruen Marketing Corporation; Osaka Trading Company; Gruen Precision, Inc.; Showroom Realty Co., Inc.; Catalog Realty Co., Inc.; S.H. Holdings, Inc.; JC Acquisition Corporation; Just Watches, Ltd.; Robert J. Tabakow, Inc.; Guildcraft Precision, Ltd.; Panther Manufacturing, Ltd.; Lt, Inc.; JJ & D Realty Co., Inc., Debtors, v. ASIA COMMERCIAL COMPANY, LTD. Panther Manufacturing, Ltd.; Gruen Marketing Corporation, successor in interest to Acquisition Entity II pursuant to the confirmed Debtors' Amended Joint Plan of Reorganization, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 1, 1993.


Attorney(s) appearing for the Case

Donald H. Brobst, Robert N. Gawlas, Jr. (argued), Rosenn, Jenkins & Greenwald, Wilkes-Barre, PA, for appellants.

Alan J. Sorkowitz (argued), Breed, Abbott & Morgan, New York City, Marc W. Witzig, Harrisburg, PA, for appellee.

Before: SCIRICA, ALITO and ALDISERT, Circuit Judges.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

In this appeal from a final decision of the district court, we must decide whether the district court erred by dismissing a debtor's appeal from a bankruptcy court's order for failure to file a brief within 15 days of the entry of the appeal on the district court clerk's docket pursuant to Rule 8009(a)(1) of the Bankruptcy Rules when the district court clerk failed to give notice of docketing pursuant to Rule...

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