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IN RE HOME & FAMILY, INC.

No. 95-1239.

85 F.3d 478 (1996)

In re HOME & FAMILY, INC., Debtor. HOME & FAMILY, INC., Plaintiff-Appellant, v. ENGLAND RESOURCES CORPORATION, Heatech International, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 3, 1996.

Attorney(s) appearing for the Case

Philip D. Geil of Geil, Jeffers & Waitkus, P.C., Boulder, Colorado, for Plaintiff-Appellant.

Michael G. Martin of Baker & Hostetler, Denver, Colorado, for Defendants-Appellees.

Before HENRY, BRISCOE and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

We review this case to determine whether the doctrine of "unique circumstances" saves Home & Family, Inc. (HFI) from the district court's dismissal of its bankruptcy appeal. The doctrine permits an untimely appeal to go forward "where a party has performed an act which, if properly done, would postpone the deadline for filing an appeal and has received specific assurance by a judicial officer that this act has been properly done." Osterneck...

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