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IN RE DESILETS

No. 00-2411.

291 F.3d 925 (2002)

In re Ernest J. DESILETS, Debtor. Allan J. Rittenhouse, Plaintiff-Appellant, v. Delta Home Improvement, Inc., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 3, 2002.

Attorney(s) appearing for the Case

Allan J. Rittenhouse (argued and briefed), Iron Mountain, MI, for Plaintiff-Appellant.

Daniel M. Morley (briefed), Butch, Quinn, Rosemurgy, Jardis, Bush, Burkhart & Parks, Escanaba, MI, Victoria V. Kremski (argued), State Bar of Michigan, Lansing, MI, for Defendant-Appellee.

Before MERRITT, BOGGS, and MOORE, Circuit Judges.

BOGGS, J., delivered the opinion of the court, in which MOORE, J., joined. MERRITT, J., (pp. 931-32), delivered a separate dissenting opinion.

OPINION

BOGGS, Circuit Judge.

Allan J. Rittenhouse appeals the judgment of the district court that he is not an attorney as defined by the Bankruptcy Code, 11 U.S.C. § 101(4). Because the district court erred in its interpretation of the relevant section of the Bankruptcy Code, we reverse.

I...

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