In Re Zodiac Investment, Inc., Debtor. Zodiac Investment, Inc. Patrick C. Clary Ronald A. Kastanek v. California Pozzolan Edward Scharf

45 F.3d 438 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re ZODIAC INVESTMENT, INC., Debtor. ZODIAC INVESTMENT, INC.; Patrick C. Clary; Ronald A. Kastanek, Appellants, v. CALIFORNIA POZZOLAN; Edward Scharf, Appellees. No. 94-15297. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1994. * Decided Dec. 23, 1994. Before: GOODWIN, O'SCANNLAIN, KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 This appeal considers whether the Bankruptcy Appellate Panel for the Ninth Circuit ("BAP") correctly interpreted and applied the directives of this Court laid out in a memorandum opinion from a prior appeal in this case. On remand from the first appeal, the bankruptcy court issued orders executing our judgment. The BAP overturned these orders on the grounds that our decision mandated a different result. While the BAP had jurisdiction to entertain the appeal, the BAP misapplied our decision. The BAP decision is therefore reversed. I. BACKGROUND 3 This appeal marks the…