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IN RE WALDNER

BAP No. WW-94-1564-MeOHa. Bankruptcy No. 93-03849. Adv. No. A93-05765.

183 B.R. 879 (1995)

In re Jeffrey E. WALDNER and Brenda K. Waldner, Debtors. CARTAGE PACIFIC, INC., Appellant, v. Jeffrey E. WALDNER and Brenda K. Waldner, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided June 12, 1995.

Attorney(s) appearing for the Case

Stephen D. Cramer, Seattle, WA, for appellant.

No appearance made for appellees.

Before MEYERS, OLLASON and HAGAN, Bankruptcy Judges.

OPINION

MEYERS, Bankruptcy Judge:

I

The trial court dismissed the appellant's adversary action with prejudice, because the appellant had failed to serve the debtors within 120 days as required by Fed.R.Civ.P. 4(j).

We AFFIRM.

II

FACTS

Jeffrey E. Waldner and Brenda K. Waldner ("Debtors") were the sole shareholders, officers and directors of Waldner Enterprises, Inc. ("Waldner Enterprises"). Waldner...

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