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IN RE ACI-HDT SUPPLY CO.

BAP No. SC-96-1318-AsJO, Bankruptcy No. 95-08253-A11, Adv. No. 95-90809-A11.

205 B.R. 231 (1997)

In re ACI-HDT SUPPLY COMPANY, Debtor. Nogah BETHLAHMY, IRA; Bethlahmy Family Trust; Judith E. Bernier, IRA; Kenneth C. Schmunk; Samuel B. Lewis; IRA; Jordan Day Lewis, IRA; Gershon S. Greenblatt; Deena S. Greenblatt; Howard Mark; and Edythe Mark, Appellants, v. Randy S. KUHLMAN, et al., Appellees.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided January 24, 1997.

Attorney(s) appearing for the Case

John E. Grasberger, Milberg, Weiss, Bershad, Hynes & Lerach, San Francisco, CA, for Nogah Bethlahmy.

Charles F. Vihon, Much, Shelist, Freed, Denenberg, Ament, Bell & Rubenstein, P.C., Chicago, IL, for Jordan and Samuel Lewis.

Kevin Stack, Knapp, Petersen & Clarke, Glendale, CA, for Protel, Inc.

Before: ASHLAND, JONES, and OLLASON, Bankruptcy Judges.

OPINION

ASHLAND, Bankruptcy Judge:

STATEMENT OF FACTS

The Appellants herein are plaintiffs in a class action lawsuit filed in the Superior Court of San Diego County on November 21, 1995. In their First Amended Complaint, plaintiffs alleged that they were defrauded of more than $60 million as a result of their investments in Amtel Communication, Inc.'s private pay telephone "sale-lease-back program." The complaint alleges causes of...

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