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IN RE MARINO

BAP No. CC-98-1347-JBP, Bankruptcy No. LA 91-76426-BR, Adversary No. LA 94-02625A.

234 B.R. 767 (1999)

In re Salvatore James MARINO and Dolores Carmen Marino, Debtors. Salvatore James Marino, Appellant, v. Classic Auto Refinishing, Inc., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided June 2, 1999.

Attorney(s) appearing for the Case

Simon J. Dunstan, Law Offices of Simon J. Dunstan, Encino, CA, for Salvatore James Marino, appellant.

Lary Alan Rappaport, McCambridge, Deixler & Marmaro, Los Angeles, CA, for Classic Auto Refinishing, Inc., appellee.

Before: JONES, BRANDT, and PERRIS, Bankruptcy Judges.

OPINION

JONES, Bankruptcy Judge:

OVERVIEW

Debtor Salvatore Marino appeals the bankruptcy court's order which denied the Debtor's motion to vacate the court's prior order. The prior order was reversed by this Panel, and that decision is currently on appeal to the Ninth Circuit Court of Appeals. The bankruptcy court concluded that it lacked jurisdiction to vacate its prior order. We AFFIRM.

I. FACTS

In 1991,...

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