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IN RE M.J. WATERMAN & ASSOCIATES, INC.

No. 99-1446.

227 F.3d 604 (2000)

In re M.J. WATERMAN & ASSOCIATES, INC., Debtor. Duane H. Barlow, Appellee, v. M.J. Waterman & Associates, Inc., Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 15, 2000

Rehearing and Suggestion for Rehearing Denied November 14, 2000

Attorney(s) appearing for the Case

Brian H. Rolfe (argued), Joseph Falcone (briefed), Falcone & Rolfe, P.C., Southfield, Michigan, for Plaintiff-Appellee.

Thomas B. Radom (argued and briefed), Butzel Long, Birmingham, Michigan, Michael F. Smith (briefed), Butzel Long, Detroit, Michigan, for Defendant-Appellant.

Before: KEITH, MERRITT, and COLE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 14, 2000

KEITH, J., delivered the opinion of the court, in which COLE, J., joined. MERRITT, J. (pp. 612-13), delivered a separate dissenting opinion.

OPINION

KEITH, Circuit Judge.

Debtor-Appellant, M.J. Waterman & Associates, Inc. ("Waterman"), appeals from a judgment of the United States District Court for the Eastern District of Michigan which reversed a decision of the...

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