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IN RE MARINO

No. 97-56716.

181 F.3d 1142 (1999)

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

United States Court of Appeals, Ninth Circuit.

Filed July 9, 1999.

Attorney(s) appearing for the Case

Bert H. Deixler and Lary Alan Rappaport, McCambridge, Deixler, Marmaro & Goldberg, Los Angeles, California, for the appellant.

Simon J. Dunstan, Law Offices of Simon J. Dunstan, Los Angeles, California, for the appellee.

Before: KOZINSKI and FERNANDEZ, Circuit Judges, and COLLINS, District Judge.

FERNANDEZ, Circuit Judge:

Classic Auto Refinishing, Inc., appeals from the Bankruptcy Appellate Panel's determination that Classic's nondischargeability complaint in Salvatore James Marino's Chapter 7 bankruptcy proceeding is barred by the doctrine of res judicata. We reverse.

BACKGROUND

In 1991, Classic won a $741,000 judgment in a Los Angeles County Superior Court action for fraud and breach of contract against Marino and his wholly owned corporation...

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