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IN RE OLYMPIC MILLS CORP.

No. 05-9012.

477 F.3d 1 (2007)

In re OLYMPIC MILLS CORPORATION, d/b/a/ Olympic Group, and Coachman Incorporated, Debtors. DCC Operating, Inc., Plaintiff, Appellee. v. Luis Rivera Siaca, Enery Ortiz-Rivera, and Conjugal Partnership, Defendants, Appellants, v. Wayne S. Foren, Third-Party Defendant. Olympic Mills Corporation, d/b/a/ Olympic Mills Group, and Coachman Incorporated, Intervenors.

United States Court of Appeals, First Circuit.

Heard October 5, 2006.

Attorney(s) appearing for the Case

Daniel E. Rosenfeld, with whom Kirkpatrick & Lockhart LLP was on brief, for appellants.

W. Steven Paleos, with whom Carmen D. Conde, Sarit Zeevi, and C. Conde & Assoc. were on brief, for appellee.

Before SELYA and HOWARD, Circuit Judges, and SMITH, District Judge.

SMITH, District Judge.

Defendant-appellant Luis Rivera Siaca ("Rivera") appeals a decision of the Bankruptcy Appellate Panel ("BAP") subjecting him to over $3 million in liability for retaining payments in breach of trust. The progenitor of this procedural gem, plaintiff-appellee DCC Operating, Inc. ("DCC"), originally brought suit in diversity in the United States District Court for the District of Puerto Rico. After obtaining...

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