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IN RE STERN

Nos. 00-56431, 00-56526.

345 F.3d 1036 (2003)

In re: Steven H. STERN, Debtor, No. 00-56431 David A. Gill, Chapter 7 Trustee, Appellant, v. Steven H. Stern, Appellee. In re: Steven H. Stern, Debtor, Steven H. Stern, Appellant, v. David A. Gill, Chapter 7 Trustee, Appellee, and Dove Audio, Inc., Plaintiff.

United States Court of Appeals, Ninth Circuit.

Filed February 4, 2003.

Amended Opinion Filed October 7, 2003.

Attorney(s) appearing for the Case

Richard D. Burstein, Danning, Gill, Diamond & Kollitz, Los Angeles, California, for the appellant.

David R. Weinstein (argued), Sharon Z. Weiss (briefed), Weinstein, Eisen & Weiss, Los Angeles, California, for the appellees.

Before: Arthur L. Alarcón, Barry G. Silverman and Johnnie B. Rawlinson, Circuit Judges.

Argued and Submitted June 5, 2002 — Pasadena, California.

Opinion by Judge Rawlinson; Partial Concurrence and Partial Dissent by Judge Alarcón.

ORDER AND AMENDED OPINION

ORDER

The opinion filed on February 4, 2003, is hereby amended. With this amendment, a majority of the panel has voted to deny the petition for rehearing and the alternative petition for rehearing en banc.

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