17 Collier bankr.cas.2d 143, Bankr. L. Rep. P 71,828 in Re Robert E. Short and Dolores J. Short. David E. Lewis and Susan Lewis, Husband and Wife v. Robert E. Short and Dolores J. Short, Husband and Wife

818 F.2d 693 17 Collier Bankr.Cas.2d 143 , Bankr. L. Rep. P 71,828 In re Robert E. SHORT and Dolores J. Short. David E. LEWIS and Susan Lewis, husband and wife, Plaintiffs-Appellees, v. Robert E. SHORT and Dolores J. Short, husband and wife, Defendants-Appellants. No. 85-3720. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1986. Decided June 2, 1987. John L. Orlandini, Tacoma, Washington, for defendants-appellants. Joseph P. Jackowski, Tacoma, Washington, for plaintiffs-appellees. Appeal from the United States District Court for the Western District of Washington. Before SKOPIL, FLETCHER and POOLE, Circuit Judges. SKOPIL, Circuit Judge: 1 This is an appeal from a district court order affirming a bankruptcy court's decision that a debtor was acting in a fiduciary capacity resulting in the non-dischargeability of a debt to a joint venturer. We affirm. FACTS AND PROCEEDINGS BELOW 2 In 1973 Robert and Dolores Short, David and Susan Lewis, and John and Sigrid McQuaid entered into a joint venture for developing real property. Pursuant to a written agreement, Robert Short handled the affairs of the joint venture. Section 2 of the joint venture agreement…