In Re Goldsbury

Good Law
57 F.3d 1077
United States Court of Appeals for the Ninth CircuitJune 27, 199594-35158California2,671 words

Opinion

Opinion

57 F.3d 1077 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 John A. GOLDSBURY and Helen R. Goldsbury, husband and wife, Debtors. Robert SMART and Mary Ann Smart, husband and wife, Plaintiffs-Appellants, v. John A. GOLDSBURY and Helen R. Goldsbury, husband and wife, Defendants-Appellees. No. 94-35158. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 2, 1995. Decided May 25, 1995. As Amended on Denial of Rehearing June 27, 1995. Before: SKOPIL, BOOCHEVER, and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 Robert Smart appeals from the district court's affirmance of two orders of the bankruptcy court. The bankruptcy court disallowed Smart's proof of claim against John Goldsbury, a former partner of Smart's in the construction of an office building, and denied Smart's motion to reconsider. The court held that under Washington law, a partner may not maintain an action against another partner unless there has been an accounting, and the six-year statute…

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