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OLINER v. KONTRABECKI

Misc. No. 04-0010 CRB, Bankruptcy Nos. 02-30419-11-DM, 02-30421-11-DM, Adversary No. 03-3264 DM.

305 B.R. 510 (2004)

Aron OLINER, as Chapter 11 Trustee of The Kontrabecki Group LP, and Lehman Brothers Holdings Inc., Plaintiff-Appellees, v. John KONTRABECKI, Defendant-Appellant. In re Central European Industrial Development Company, LLC d/b/a CEIDCO, Debtor. In re The Kontrabecki Group, LP, Debtor.

United States District Court, N.D. California.

February 10, 2004.

Attorney(s) appearing for the Case

Peter J. Benvenutti, Sarah A. Troops, Heller, Ehrman, White & McAuliffe LLP, San Francisco, CA, Mark S. Kaufman, McKenna, Long & Aldridge LLP, Atlanta, GA, for Plaintiffs.

William P. Keane, Dean M. Gloster, Kelly Ann Woodruff, Tyler Gerking, Farella, Braun & Martel, LLP, San Francisco, CA, for Defendants.

MEMORANDUM AND ORDER

BREYER, District Judge.

Now before the Court is a motion by John Kontrabecki ("Kontrabecki") for leave to appeal the Order of the United States Bankruptcy Court ("bankruptcy court") granting Motion of Lehman Brothers Holdings Inc. ("Lehman") for coercive contempt sanctions. This order was issued on September 22, 2003, and modified on October 20, 2003.

The issue is whether Kontrabecki is entitled to an "appeal as of right" under...

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