IN RE AMERICAN WAGERING, INC.

No. 05-15969.

493 F.3d 1067 (2007)

In re AMERICAN WAGERING, INC., a Nevada corporation; In re: Leroy's Horse & Sports Place, a Nevada corporation, Debtors, Michael Racusin, d/b/a M. Racusin & Company, Appellant, v. American Wagering, Inc.; Leroy's Horse & Sports Place, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 28, 2007.


Attorney(s) appearing for the Case

David N. Frederick, Dennis L. Kennedy, Sarah E. Harmon, Jennifer A. Smith, Lionel Sawyer & Collins, Las Vegas, NV, for the defendant-appellant.

Gerald M. Gordon, Thomas H. Fell, Ambrish S. Sidhu, Gordo & Silver, Las Vegas, NV, for the plaintiffs-appellees.

Before: PROCTER HUG, GILBERT S. MERRITT, and RICHARD A. PAEZ, Circuit Judges.


ORDER

The petition for panel rehearing is granted. The petition for rehearing en banc is denied as moot. The opinion filed on October 6, 2006 and reported at 465 F.3d 1048 (9th Cir.2006) is withdrawn, and is replaced by the concurrently filed new opinion.

No further petitions for rehearing or rehearing en banc may be filed.

OPINION

MERRITT, Senior Circuit Judge:

This is an appeal from a decision of the Bankruptcy Appellate Panel...

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