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IN RE LOWENSCHUSS

No. 94-16287.

67 F.3d 1394 (1995)

In re Fred LOWENSCHUSS, Debtor. RESORTS INTERNATIONAL, INC., Appellee, v. Fred LOWENSCHUSS, Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 10, 1995.

Attorney(s) appearing for the Case

Alan R. Smith, Smith & Cope, Reno, Nevada, for appellant.

Mitchell A. Karlan, Gibson, Dunn & Crutcher, New York, New York, for appellee.

Before CHOY, CANBY, and FERNANDEZ, Circuit Judges.

Opinion by Judge CHOY; Partial Concurrence and Partial Dissent by Judge FERNANDEZ.

CHOY, Circuit Judge:

Fred Lowenschuss appeals the district court's reversal of the bankruptcy court's decision. The district court held that the bankruptcy court erred when it (1) refused to allow Resorts International, Inc. ("Resorts") to withdraw its proofs of claim from Lowenschuss's bankruptcy proceedings without prejudice; (2)...

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