Third Circuit disposition — 103948npo-pdf

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UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 10-3948
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In re: CEDA MILLS, INC., Debtor
Chet Duffy,
Appellant
(D.C. Civil No. 2-10-cv-00796)
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No. 10-4018
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In re: CEDA MILLS, INC.,
Appellant
(D.C. Civil No. 2-10-cv-00599)
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On Appeal from the United States District Court
for the Western District of Pennsylvania
District Judge: Terrence F. McVerry
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Submitted Under Third Circuit L.A.R. 34.1(a)
July 15, 2011
Present: RENDELL, SMITH and ROTH, Circuit Judges
___________________________ JUDGMENT ORDER_______________________

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This is an appeal from the District Court’s order dismissing as untimely an appeal
taken from an order of the Bankruptcy Court dated April 13, 2010: (a) adopting the
recommendation of the United States Trustee and overruling the Debtor’s response in
opposition, and (b) directing the Debtor to remit surplus funds to minority shareholders.
(App 9-10) (“Order”).
We find that the matters decided in the Order had not previously been decided by
the Bankruptcy Court, and conclude, therefore, that the appeal from the Order was
timely.
Accordingly, we vacate the District Court’s order dismissing the appeal from the
Order, and remand for the District Court to consider the merits of the appeal.
By the Court,
/s/Marjorie O. Rendell
Circuit Judge
Dated: 18 July 2011

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