914 F2d 261 Clarke Clarke v. Duck

914 F.2d 261

Unpublished Disposition

In re Douglas CLARKE, Debtor.
Douglas CLARKE, Appellant,
v.
Charles DUCK, Marie Cox, Savings Bank of Mendocino County,
and Susan Clarke, Appellees.

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

1

No. 89-15738.

2

United States Court of Appeals, Ninth Circuit.

Argued and Submitted July 18, 1990.
Decided Sept. 20, 1990.

3

Before: ALARCON and POOLE, Circuit Judges, and DAVIES,* District Judge

ORDER

4

On May 26, 1989, Appellant appealed from the Bankruptcy Appellate Panel's dismissal of his appeal on mootness grounds and from the bankruptcy court's confirmation of a Chapter 11 Plan of Reorganization propounded by his former spouse, Appellee Susan Clarke. On July 21, 1989, Susan Clarke filed a Motion to Dismiss the instant appeal. The motion was argued on July 18, 1990. For the reasons explained in the Bankruptcy Appellate Panel's Opinion filed April 27, 1989, we now grant Appellee's motion and dismiss the appeal as moot.1

*

Honorable John G. Davies, United States District Judge, Central District of California, sitting by designation

1

Both parties also request sanctions in conjunction with the motion to dismiss. We do not find either request to be meritorious