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IN RE HONGISTO

United States District Court, Northern District of California


April 15, 2003

IN RE RICHARD D. HONGISTO, DEBTOR. RENE HILTON, CROSS-APPELLEE
v.
RICHARD D. HONGISTO, CROSS-APPELLANT.

The opinion of the court was delivered by: Maxine M. Chesney, United States District Judge.

ORDER DISMISSING CROSS-APPEAL AS MOOT

Before the Court is cross-appellant/debtor Richard D. Hongisto's ("Hongisto") cross-appeal from the October 29, 2001 decision of the bankruptcy court to the extent the bankruptcy court deemed admitted certain of cross-appellee/claimant Rene Hilton's ("Hilton") requests for admission.

By a separate decision filed in the related appeal, C 01-4254 MMC, the Court has affirmed the bankruptcy court's order disallowing Hilton's claim. Accordingly, Hongisto's cross-appeal is hereby DISMISSED as moot. See Domingo v. T.K., M.D., 289 F.3d 600 603 (9th Cir. 2002) (dismissing "protective" cross-appeal as moot where court affirmed judgment in favor of cross-appellant).

The Clerk shall close the file.

IT IS SO ORDERED.

20030415

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