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IN RE COREY

No. 08-3309.

583 F.3d 1249 (2009)

In re Christopher F. COREY, Debtor. Melnor, Inc., Plaintiff-Appellee, v. Christopher F. Corey, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 30, 2009.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Jeffrey R. Siegel, The Siegel Law Firm, Kansas City, MO, for Defendant-Appellant.

Colin N. Gotham, Evans & Mullinix, P.A., Shawnee, KS, for Plaintiff-Appellee.

Before HARTZ, Circuit Judge, BRORBY, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.

HARTZ, Circuit Judge.

This adversary proceeding in bankruptcy has its origin in a suit for fraud brought by Melnor, Inc. against Christopher R. Corey in the United States District Court for the Western District of Virginia. Litigation misconduct by Mr. Corey led the district court in that case to strike his defenses. When Mr. Corey failed to appear for the trial on damages, the court dismissed the jury and assessed damages based on evidence submitted by Melnor.

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