Bankr. L. Rep. P 72,420 in Re Dale Howard Fietz, Debtor. Dale Howard Fietz v. Great Western Savings, a Federal Savings and Loan Association, Defendant/cross v. Gloria K. (Fietz) Gordon, Cross-Claimant/appellant

Good Law
852 F.2d 455
United States Court of Appeals for the Ninth CircuitJuly 21, 198886-2161California2,393 words

Opinion

Opinion

852 F.2d 455 Bankr. L. Rep. P 72,420 In re Dale Howard FIETZ, Debtor. Dale Howard FIETZ, Plaintiff, v. GREAT WESTERN SAVINGS, a Federal Savings and Loan Association, Defendant/Cross- Defendant/Appellee, v. Gloria K. (Fietz) GORDON, Cross-Claimant/Appellant. No. 86-2161. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1988. Decided July 21, 1988. Forden Athearn, San Francisco, Cal., for cross-claimant/appellant. Ronald Rus, Alvarado, Rus & McClellan, Orange, Cal., for defendant/cross-defendant/appellee. Appeal from the United States District Court for the Northern District of California. Before FARRIS, BRUNETTI and THOMPSON, Circuit Judges. DAVID R. THOMPSON, Circuit Judge: 1 This case presents an issue of subject matter jurisdiction under 28 U.S.C. Sec. 1471 (b) (1982) (presently at 28 U.S.C. Sec. 1334 (b) (Supp. IV 1986)). Gloria Gordon filed a cross-claim against Great Western in the Chapter 13 bankruptcy proceeding of her former husband, Dale Fietz. In opposition to Great Western's motion to dismiss, Gordon argued the claim was "related to" Fietz' bankruptcy proceeding. The district court rejected this argument and dismissed Gordon's cross-claim…

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