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IN RE LEWIS

No. 94-15516.

97 F.3d 1182 (1996)

In re Byron C. LEWIS; Irene Lewis, Debtors. Byron C. LEWIS; Irene Lewis, Appellants, v. Mitchell R. SCOTT, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 2, 1996.

Attorney(s) appearing for the Case

Craig S. Trenton, Salt Lake City, UT, for appellants.

Dennis J. Clancy, Raven, Kirschner & Norell, Tucson, AZ, for appellee.

Before: SNEED, JOHN T. NOONAN, Jr., and THOMPSON, Circuit Judges.

SNEED, Circuit Judge:

Debtors Byron C. and Irene Lewis appeal the bankruptcy appellate panel's order affirming the bankruptcy court's decision that the Lewises' debt to Mitchell R. Scott was nondischargeable under 11 U.S.C. § 523. The Lewises argue that their debt to Scott was dischargeable because they were not fiduciaries to Scott under Arizona law, and because they did not commit defalcation. We have jurisdiction under 28 U.S.C. § 158(d), and we affirm...

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