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Monday, September 25, 2006

In Re: Robert E. Harris (09/18/06 - No. 04-2164)

Dismissal of debtor's appeal from orders of the bankruptcy court is vacated where the district court abused its discretion under Federal Rule of Bankruptcy Procedure 8001 when it dismissed based on debtor's failure to include in the designation of record on appeal a transcript of a bankruptcy hearing without first giving the debtor notice and opportunity to respond and without determining whether a lesser sanction would have been appropriate.

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