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IN RE CELLULAR 101, INC.

No. 06-55779.

539 F.3d 1150 (2008)

In re CELLULAR 101, INC., Debtor, Patrick T. Lowery; Cellular 101, Inc., Appellants, v. Channel Communications, Inc.; John Price; United States Trustee, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 21, 2008.

Attorney(s) appearing for the Case

Timothy J. Lowery (argued); William E. Winfield, Susan M. Seemiller, Nordman Cormany Hair & Compton LLP, Oxnard, CA, for the appellants.

Kenneth P. Roberts (argued), Kenneth P. Roberts, APLC, Woodland Hills, CA, for the appellees.

Before: STEPHEN S. TROTT, RICHARD R. CLIFTON, and CONSUELO M. CALLAHAN, Circuit Judges.

CLIFTON, Circuit Judge:

The question posed by this case is whether a party's failure to timely inform the court of appeals of a settlement that it believes disposes of a pending appeal precludes the party from asserting the affirmative defense of settlement and release in a later proceeding. Over its objection, Chapter 11 debtor Cellular 101, Inc. was ordered to pay an administrative claim of approximately $200,000. Cellular 101 appealed the order to this court. While...

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