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IN RE SILVA

BAP No. EW-94-2567-RHV. Bankruptcy No. 94-00087-K1G. Adv. No. A94-0060-K1G.

190 B.R. 889 (1995)

In re John V. SILVA, Debtor. John V. SILVA, Appellant, v. SMITH'S PACIFIC SHRIMP, INC., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided October 25, 1995.

Attorney(s) appearing for the Case

Julio Morley, Spokane, WA, for appellant.

Anita G. Manishan, Portland, OR, for appellee.

Before RUSSELL, VOLINN and HAGAN, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge:

This appeal arises from the granting of a motion for summary judgment declaring a federal court judgment to be nondischargeable. The debtor appeals. We REVERSE and REMAND.

I. FACTS

The debtor/appellant, John V. Silva ("Silva") was an employee of Supreme Foods, Inc. ("Supreme Foods"), a Washington corporation, which distributed seafood products.

Sometime in 1991, Supreme Foods contacted the appellee...

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