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MATTER OF ESTATE OF BUTLER'S TIRE & BATTERY CO., INC.

No. 78-1381.

592 F.2d 1028 (1979)

In the Matter of the ESTATE of BUTLER'S TIRE & BATTERY CO., INC., Bankrupt. William A. HEADLEE, Trustee, Plaintiff-Appellee, v. FERROUS FINANCIAL SERVICES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 29, 1979.

Attorney(s) appearing for the Case

John G. Crawford, Jr. (argued), of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, Or., for defendant-appellant.

Donald W. Green, III (argued), of O'Connell, Goyak & Haugh, Portland, Or., for plaintiff-appellee.

Before WRIGHT and GOODWIN, Circuit Judges, and JAMESON, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Ferrous Financial Services appeals from a district court order dismissing its bankruptcy appeal because it failed to file a notice of appeal from the bankruptcy court judgment within the 30-day period mandated by Bankruptcy Rule 802. We hold that the district court lacked jurisdiction to hear the appeal because Ferrous failed to establish that late filing of a request to extend the time for appeal was the result of excusable neglect...

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