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IN RE NEWPOWER

Nos. 99-1211, 99-1239.

233 F.3d 922 (2000)

In re George D. NEWPOWER, Jr., Debtor. Robert Kitchen; Harriet Kitchen; New Properties, Inc., Movants-Appellees/Cross-Appellants, v. James W. BOYD, Chapter 7 Trustee, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 7, 2000.

Attorney(s) appearing for the Case

Ronald A. Schuknecht (argued and briefed), Lewis & Schuknecht, Traverse City, MI, for Appellant.

Jonathan R. Moothart (argued and briefed), Bowerman, Bowden & Moothart, Traverse City, MI, for Appellees.

Before: KENNEDY, BOGGS, and BATCHELDER, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

KENNEDY, J., delivered the opinion of the court, in which BOGGS and BATCHELDER, JJ., concurred except as to part III-B. BATCHELDER, J. (pp. 934-37), delivered a separate opinion, in which BOGGS, J., concurred, which constitutes the opinion of the court with respect to the issue addressed in part III-B.

OPINION

KENNEDY, Circuit Judge.

Robert Kitchen ("Kitchen...

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