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IN RE KIESLICH

No. 99-17202.

258 F.3d 968 (2001)

In re: Zdenek KIESLICH and Susan A. Kieslich, Debtors. Zdenek Kieslich, Plaintiff-Appellant, and Susan A. Kieslich, Plaintiff, v. United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2001

Attorney(s) appearing for the Case

Kevin J. Mirch, Reno, Nevada, for the plaintiff-appellant.

Teresa T. Milton (argued), Department of Justice (Tax Division), for the defendant-appellee.

Before: Diarmuid F. O'SCANNLAIN, William A. FLETCHER, Circuit Judges, and Robert J. KELLEHER, District Judge.

Argued and Submitted April 12, 2001* — San Francisco, California

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether an objection to discretionary jurisdiction is waived on appeal by failure to raise it first in the bankruptcy court.

I

Zdenek Kieslich filed a petition for bankruptcy relief under Chapter 7 on August 6, 1986.1 On July 28, 1988, the IRS filed a...

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