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IN RE SUNTERRA CORP.

No. 03-1193.

361 F.3d 257 (2004)

In Re: SUNTERRA CORPORATION, Debtor. RCI Technology Corporation, formerly known as Resort Computer Corporation, Plaintiff-Appellant, v. Sunterra Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 18, 2004.

Attorney(s) appearing for the Case

ARGUED: Jay Alan Shulman, Saul Ewing, L.L.P., Baltimore, Maryland, for Appellant. Kenneth Oestreicher, Whiteford, Taylor & Preston, L.L.P., Baltimore, Maryland, for Appellee. ON BRIEF: Irving E. Walker, Saul Ewing, L.L.P., Baltimore, Maryland, for Appellant. John F. Carlton, Whiteford, Taylor & Preston, L.L.P., Baltimore, Maryland, for Appellee.

Before WIDENER, LUTTIG, and KING, Circuit Judges.

Reversed and remanded by published opinion. Judge KING wrote the opinion, in which Judge WIDENER and Judge LUTTIG joined.

OPINION

KING, Circuit Judge:

RCI Technology Corporation appeals from an order entered in the District of Maryland affirming the bankruptcy court's ruling in favor of Sunterra Corporation. RCC Tech. Corp. v. Sunterra Corp., 287 B.R. 864 (D.Md.2003...

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