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IN RE TALMADGE

Civ. No. C-86-0954-SW, Bankruptcy No. 1-85-00372.

80 B.R. 499 (1986)

In re Michael G. TALMADGE and Gail L. Talmadge, Debtors.

United States District Court. N.D. California.

September 22, 1986.

Attorney(s) appearing for the Case

Myles R. Dresslove, Santa Rosa, Cal., for debtors/appellees.

Philip M. Arnot, Eureka, Cal., for appellant.

ORDER AND MEMORANDUM OF LAW VACATING BANKRUPTCY COURT ORDER AND REMANDING WITH INSTRUCTIONS

SPENCER WILLIAMS, District Judge.

This matter is before the court on the appeal of Charles Duck, the appointed Trustee of the estate of the debtors herein. Trustee appeals from an order of the bankruptcy court finding certain sections of the California Code of Civil Procedure unconstitutional as applied to debtors.

Debtors' basic argument is that Cal.C. Civ...

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