Smith & Smith v. Bowsmith, Inc.

976 F.2d 737 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. SMITH & SMITH, Plaintiff-Appellee, v. BOWSMITH, INC., Defendant-Appellant. No. 91-16137. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 18, 1992. Decided Sept. 17, 1992. Before WIGGINS, O'SCANNLAIN and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 This appeal arises out of the Chapter 11 bankruptcy of Bowsmith, Inc. Carol Smith, individually and on behalf of Smith & Smith, a partnership between Carol and her former husband Allan Smith, filed a claim against Bowsmith in the bankruptcy proceedings. She later sought to withdraw the claim, but the bankruptcy court denied her motion to do so. She appealed to the district court, which reversed. Bowsmith now appeals that ruling. 3 * Allan and Carol Smith were divorced in 1983. As part of the dissolution, they agreed to divide equally the rights to two patents obtained by Allan Smith during the marriage. Allan and Carol formed a…