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IN RE RESORTS INTERN., INC.

No. 98-6037.

181 F.3d 505 (1999)

In re: RESORTS INTERNATIONAL, INC., Resorts International Financing Inc., Griffin Resorts Inc., and Griffin Resorts Hold, Inc., Debtors. Fred Lowenschuss, individually and as Trustee of Fred Lowenschuss, I.R.A., Laurance Lowenschuss, I.R.A., and Fred Lowenschuss Associates Pension Plan, v. Resorts International, Inc., Sun International North America, Inc., which was formerly known as Griffin Gaming & Entertainment, Inc., which was formerly known as Resorts International, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed June 30, 1999.

Attorney(s) appearing for the Case

Mitchell A. Karlan (Argued), Gibson, Dunn & Crutcher, New York, N.Y., Attorney for Appellant.

Michael R. Griffinger (Argued), Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, Attorney for Appellee.

Before: NYGAARD, ALITO, and LEWIS, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge:

Resorts International, Inc., now Sun International North America, Inc., ("Resorts") appeals a District Court order reversing a Bankruptcy Court order that awarded Resorts full restitution for losses resulting from a stock transaction. The Bankruptcy Court found for Resorts on the alternative grounds of mistake and fraud. We will affirm the District Court's reversal.

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