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CFCU Community Credit Union v. Jones

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 5, 2009

CFCU COMMUNITY CREDIT UNION, APPELLANT,
v.
WALTER E. JONES, BARBARA J. JONES, AND MARK W. SWIMELAR, CHAPTER 13 TRUSTEE, APPELLEES.
IN RE: WALTER E. JONES AND CHAPTER 13 BARBARA J. JONES, DEBTORS.

DECISION AND ORDER

This Court has received a Mandate from the Court of Appeals for the Second Circuit in the above captioned matter. Dkt. No. 18. Therein, the Second Circuit reviewed the Court's September 4, 2007 Memorandum-Decision and Order (Dkt. No. 11) which affirmed the December 1, 2006 Order of the Bankruptcy Court and dismissed Appellant's appeal. By the Mandate, issued December 23, 2008, the Second Circuit vacated the Judgment of this Court and ordered this Court to dismiss Appellant's appeal as moot.

Accordingly, it is hereby

ORDERED, that CFCU Community Credit Union's appeal from the December 1, 2006 Order of the Bankruptcy Court is DISMISSED as moot;and it is further

ORDERED, that the Clerk of the Court shall serve a copies of this Order on all parties.

IT IS SO ORDERED.

20090105

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