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EASTERN MINERALS & CHEMICALS CO. v. MAHAN

No. 99-3320.

225 F.3d 330 (2000)

EASTERN MINERALS & CHEMICALS CO.; Cary W. Ahl, Sr., Appellants, v. Gary H. MAHAN.

United States Court of Appeals, Third Circuit.

Filed August 23, 2000.

Attorney(s) appearing for the Case

Dale E. Lapp [argued], Lancaster, PA, for Appellants.

James J. Kutz [argued], Kathleen Misturak-Gingrich, Eckert, Seamans, Cherin & Mellott, Harrisburg, PA, for Appellees.

Before MANSMANN, NYGAARD and RENDELL, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

Eastern Minerals & Chemicals Co., a creditor of Delta Carbonate Inc., appeals an order of the District Court precluding it from seeking recovery from Delta's sole shareholder, Gary Mahan, on an alter ego theory because Eastern should have pursued this claim in the context of Delta's bankruptcy case. We conclude that the District Court misapplied claim preclusion in this bankruptcy setting. Therefore, we will...

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