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IN RE HOFFINGER INDUSTRIES, INC.

No. 02-3323.

329 F.3d 948 (2003)

In re: HOFFINGER INDUSTRIES, INC., Debtor. Leesa Bunch, Creditor-Appellant, v. Hoffinger Industries, Inc., doing business as Doughboy Recreational Company, doing business as Lomart Industries, doing business as Environmental Products and Research, Inc., doing business as Prest Metals, doing business as Pools & Accessories Unlimited, Inc. Debtor-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 2, 2003.

Attorney(s) appearing for the Case

Whitney A. Davis, argued, Sacramento, CA (Benjamin S. Arnold, Little Rock, AR, on the brief), for appellant.

Stanley D. Smith, argued, Little Rock, AR (Lance R. Miller, Charles R. Camp and Derrick W. Smith, on the brief), for appellees.

Before MORRIS SHEPPARD ARNOLD, BEAM, and MELLOY, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This case involves the propriety of a bankruptcy court's1 decision to annul the automatic stay of 11 U.S.C. § 362 in order to rehabilitate a notice of appeal filed in a state court by the debtor/debtor-in-possession, Hoffinger Industries, Inc. For the reasons expressed below, we affirm the district court's2 decision that the bankruptcy court did not abuse its discretion...

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