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IN RE DEAN

BAP No. NC-81-1006-KVL, Bankruptcy No. 1-79-00887, Adv. No. 1-80-0039.

11 B.R. 542 (1981)

In re William Wendell DEAN, Debtor. Milton C.H. GELLING, Plaintiff-Appellant, v. William Wendell DEAN, Defendant-Appellee.

United States Bankruptcy Appellate Panels, Ninth Circuit.

Decided May 11, 1981.

Attorney(s) appearing for the Case

Michael W. Davidson, Berke & Rivera, Walnut Creek, Cal., for plaintiff-appellant.

Robert E. Izmirian, Hoffman, Kelly, Stokes & Izmirian, San Francisco, Cal., for defendant-appellee.

Before KATZ, VOLINN and LASAROW, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge:

This appeal involves, primarily, an order of the Bankruptcy Court for the Northern District of California dismissing with prejudice, pursuant to Rule Bankr.Proc. 712(b), incorporating Fed.R.Civ.P. 12(b)(6), the plaintiff-appellant's amended complaint for failure to state a claim upon which relief can be granted. Since the dismissal order does not state the specific basis for its entry, we assume that the Court accepted the...

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