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DOMINIC'S RESTAURANT OF DAYTON, INC. v. MANTIA

Nos. 10-3376, 10-3377.

683 F.3d 757 (2012)

DOMINIC'S RESTAURANT OF DAYTON, INC., fka Dominic's Inc., dba Dominic's; Dominic's Foods of Dayton, Inc., d/b/a Anne Mantia's Dominic's Italian Restaurant; Anne B. Mantia, Plaintiffs-Appellees (10-3376 & 10-3377), v. Christie L. MANTIA, et al., Defendants, Reece Powers III, Defendant-Appellant (10-3376 & 10-3377), Shirley's Village Inn, Non-Party-Appellant (10-3377).

United States Court of Appeals, Sixth Circuit.

July 5, 2012.

Attorney(s) appearing for the Case

ON BRIEF: John J. Scaccia , Scaccia & Associates, LLC, Springboro, Ohio, for Appellants. James M. Morris , Sharon K. Morris, Morris & Morris, P.S.C., Lexington, Kentucky, for Appellees.

Before: BATCHELDER, Chief Circuit Judge; McKEAGUE, Circuit Judge; and QUIST, District Judge.

OPINION

ALICE M. BATCHELDER, Chief Judge.

Defendant Reece Powers1 appeals the district court's decision to continue judicial proceedings against him (i.e., contempt proceedings) despite his filing of a petition for bankruptcy, which usually carries an automatic stay of judicial proceedings. For the reasons stated by the district court, and reiterated herein, we AFFIRM the decision.

I.

In 1957, Dominic Mantia...

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