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IN RE GRUNTZ

No. 97-55379.

202 F.3d 1074 (2000)

In re Robert GRUNTZ, Debtor. Robert Gruntz, Plaintiff-Appellant, v. County of Los Angeles; Los Angeles District Attorney, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion Filed February 4, 1999.

Amended Opinion Filed May 19, 1999.

Withdrawn and Rehearing Granted July 20, 1999.

Argued and Submitted on Rehearing September 23, 1999.

Filed February 3, 2000.

Attorney(s) appearing for the Case

Robert C. Moest, Redondo Beach, California; Fritz Furman, Law Offices of Joseph A. Weber, Costa Mesa, California, for the plaintiff-appellant.

Calvin House, Gutierrez & Preciado, Pasadena, California, for the defendants-appellees.

Margarita Padilla, Deputy Attorney General, Oakland, California; Michael D. Reynolds, Soliciter General, Portland, Oregon; James J. Gold, Gold and Hammes, San Jose, California, for the amici.

Before: HUG, Chief Judge, PREGERSON, BRUNETTI, O'SCANNLAIN, TROTT, T. G. NELSON, THOMAS, SILVERMAN, GRABER, WARDLAW, and FLETCHER, Circuit Judges.

Withdrawn and Rehearing En Banc Granted July 20, 1999.

THOMAS, Circuit Judge:

In this appeal, we consider (1) whether a state court modification of the bankruptcy automatic stay binds federal courts; and (2) whether the automatic stay enjoins a criminal prosecution for the willful failure to pay child support. We hold that federal courts are not bound by state court modifications of the automatic stay, but that the automatic stay does not enjoin state criminal...

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