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IN RE INDIAN MOTOCYCLE CO., INC.

BAP No. MW 00-094, Bankruptcy Nos. 93-41954-HJB, 93-41955-HJB, 93-42288-HJB.

289 B.R. 269 (2003)

In re INDIAN MOTOCYCLE CO., INC., Indian Motocycle Apparel and Accessories, Inc., and Indian Motocycle Manufacturing. Co., Inc., Debtors. United States of America, Appellant, v. Sterling Consulting Corp., Colorado Receiver, and Steven M. Rodolakis, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

February 20, 2003.

Attorney(s) appearing for the Case

Peter Sklarew of the U.S. Department of Justice, Washington, DC, James B. Farmer, United States Attorney, Boston, MA, for the Appellant.

Joseph H. Baldiga of Mirick, O'Connell, DeMille & Lougee, Worcester, MA, for the Appellee.

Before HAINES, DEASY and KORNREICH, U.S. Bankruptcy Appellate Panel Judges.

KORNREICH, Bankruptcy Judge.

INTRODUCTION

This appeal presents three questions concerning the applicability of Fed.R.Civ.P. 60(b) in bankruptcy proceedings.1 First, should this Panel consider a new and updated request for different relief under Rule 60(b) on an appeal from the order of the bankruptcy court denying the original Rule 60(b) motion? Second, is relief under Rule 60(b) available from an interlocutory part of...

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