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IN RE CITY OF DESERT HOT SPRINGS

No. 02-55835.

327 F.3d 930 (2003)

In re CITY OF DESERT HOT SPRINGS, Debtor, Silver Sage Partners, Ltd., Richard Earlix, Robert E. Fillet, Paul Saben, Michael Link, Edward Moore, Jr. and Albert Pimentel, Appellant, v. City of Desert Hot Springs, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 29, 2003.

Attorney(s) appearing for the Case

William J. Davis, Davis & Company, Los Angeles, CA, for the appellants.

James O. Johnston, Jr., Hennigan, Bennett & Dorman, Los Angeles, CA, for the appellee.

Before FERGUSON, HALL, and BERZON, Circuit Judges.

OPINION

CYNTHIA HOLCOMB HALL, Circuit Judge.

Silver Sage Partners, Ltd. ("Silver Sage") appeals the Bankruptcy Appellate Panel's ("BAP") dismissal of its appeal from an order of the bankruptcy court denying Silver Sage's motion to dismiss a chapter 9 bankruptcy. After the City of Desert Hot Springs ("City") filed for bankruptcy protection under chapter 9 of the bankruptcy code, 11 U.S.C. § 901 et seq., Silver Sage moved to dismiss the bankruptcy, claiming...

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