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IN RE RUSSELL

BAP No. SC-93-2086-SRO, Bankruptcy No. 92-07049-A11. Adv. No. 93-90335-A11.

166 B.R. 901 (1994)

In re Dennis Love RUSSELL and Barbara Jean Russell, Debtors. Dennis Love RUSSELL and Barbara Jean Russell, Appellants, v. FIRST NATIONAL BANK, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided May 11, 1994.

Attorney(s) appearing for the Case

John S. Huiskamp, San Diego, CA, for appellants.

Sharon L. Rhodes, San Diego, CA, for appellee.

Before: SULLIVAN, RUSSELL and OLLASON, Bankruptcy JJ.

OPINION

SULLIVAN, Bankruptcy Judge:

The debtors sued First National Bank ("FNB") alleging that FNB discriminated against them because the debtors are black. The debtors sought damages for violation of their civil rights. The bankruptcy court dismissed the complaint with prejudice based on res judicata principles. The debtors appeal. We REVERSE AND REMAND.

I. FACTS

Dennis Russell owned a concrete contracting company called...

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