In Re Harvard M. Jee, Debtor. Korea Exchange Bank v. The Hanil Bank, Limited, Defendant/cross-Defendant/appellee v. Carlyle Michelman, Interim Trustee, Cross-Claimant/appellant

Good Law
799 F.2d 532·5 Fed. R. Serv. 3d 1286·1986 U.S. App. LEXIS 29763
United States Court of Appeals for the Ninth CircuitSeptember 9, 198685-5750California1,603 words

Opinion

Opinion

799 F.2d 532 5 Fed.R.Serv.3d 1286 In re Harvard M. JEE, Debtor. KOREA EXCHANGE BANK, Plaintiff, v. The HANIL BANK, LIMITED, Defendant/Cross-Defendant/Appellee, v. Carlyle MICHELMAN, Interim Trustee, Cross-Claimant/Appellant. No. 85-5750. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 5, 1986. Decided Sept. 9, 1986. M. David Minnick, Marilyn S. Pecsok, Lillick, McHose & Charles, Los Angeles, Cal., for defendant/cross-defendant/appellee. Curtis B. Danning, Richard K. Diamond, Danning, Gill, Gould, Joseph & Diamond, Los Angeles, Cal., for cross-claimant/appellant. Appeal from the United States District Court for the Central District of California. Before FLETCHER, FERGUSON and NELSON, Circuit Judges. NELSON, Circuit Judge: 1 Carlyle Michelman, Harvard Jee's trustee in bankruptcy, appeals the district court's reversal of a bankruptcy court's decision. The bankruptcy court had held that its dismissal of Michelman's cross-complaint, which was silent as to its prejudicial effect, was intended to be without prejudice, and amended that dismissal under Rule 60(a) of the Federal Rules of Civil Procedure accordingly. 1 The district court held that the…

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