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IN RE ZWANZIGER

No. 12-6123.

741 F.3d 74 (2014)

In re Wolfgang Friedrich ZWANZIGER, Debtor. William M. Clark, Jr., Chapter 7 Trustee of the Bankruptcy Estate of James R. Hamilton; and Richard A. Kus, Plaintiffs-Appellants, v. Wolfgang Friedrich Zwanziger, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 28, 2014.

Attorney(s) appearing for the Case

Bruce F. Klein , Bruce F. Klein, PLLC, Oklahoma City, OK, for Appellants.

Mike Rose , Michael J. Rose, P.C., Oklahoma City, OK, for Appellee.

Before TYMKOVICH, HOLLOWAY, and GORSUCH, Circuit Judges.

TYMKOVICH, Circuit Judge.

This is the second appeal arising from an employment dispute between plaintiffs James Hamilton and Richard Kus and their former employer, Water Whole International, and its owner, Wolfgang Zwanziger. In this appeal, we consider a novel question: Does issue preclusion apply in bankruptcy court to a final determination in district court that a party waived an issue?

We conclude issue preclusion does not apply to the waiver finding here...

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