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In re Field

filed: October 10, 1991.

IN RE JEROME N. FIELD, DEBTOR. JEROME N. FIELD, APPELLANT-CROSS-APPELLEE,
v.
ROBERT G. BERRY, APPELLEE-CROSS-APPELLANT



Appeal from BAP No. NC-88-2039. {Judge}{Q}Judges{/Q}{/Judge}

Hug, Schroeder, and Wiggins, Circuit Judges.

Order

The Appellant/Cross-Appellee's Petition for Rehearing is granted in part. The memorandum disposition filed July 26 is amended as follows:

The last two paragraphs, on page 4 of the memorandum disposition, are deleted and the following is substituted:

As to this issue, we also agree with the Bankruptcy Court and the BAP. Damages sought in both the rescission action and in Bankruptcy Court relate to the termination of the lease.

AFFIRMED. Costs on appeal are awarded to Berry.

The petition for rehearing is in all other respects denied.

19911010

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