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Unanue v. Unanue Casal, 93-2186 (1994)

Court: Court of Appeals for the First Circuit Number: 93-2186 Visitors: 5
Filed: May 12, 1994
Latest Update: Mar. 02, 2020
Summary: May 12, 1994 [NOT FOR PUBLICATION] [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT _________________________ No. 93-2186 IN RE ULPIANO UNANUE-CASAL, a/k/a CHARLES UNANUE, Debtor. The district court's well-conceived opinion, see In re Unanue Casal, Civ.
USCA1 Opinion









May 12, 1994 [NOT FOR PUBLICATION]
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

_________________________

No. 93-2186

IN RE ULPIANO UNANUE-CASAL, a/k/a CHARLES UNANUE,

Debtor.

_________________________

JOSEPH A. UNANUE, ET AL.,

Petitioners, Appellees,

v.

ULPIANO UNANUE-CASAL a/k/a
CHARLES UNANUE,

Respondent, Appellant.

_________________________

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO

[Hon. Gilberto Gierbolini, U.S. District Judge]
___________________

_________________________

Before

Selya, Circuit Judge,
_____________

Coffin and Bownes, Senior Circuit Judges.
_____________________

_________________________

Jan Alan Brody, with whom Carella, Byrne, Bain, Gilfillan,
_______________ _________________________________
Cecchi, Stewart & Olstein, William Vidal-Carvajal, and Hernandez
_________________________ ______________________ _________
& Vidal were on brief, for appellant.
_______
Arturo J. Garcia-Sola, with whom Jose R. Gonzalez-Irizarry
_____________________ __________________________
and McConnell Valdes were on brief, for appellees Joseph A.
________________
Unanue, Frank Unanue, and Goya Foods, Inc.
Michael R. Griffinger, with whom Crummy, Del Deo, Dolan,
______________________ ________________________
Griffinger & Vecchione and Guillermo A. Nigaglioni were on brief,
______________________ _______________________
for remaining appellees.
















Per Curiam. This is the latest chapter in a dispute
Per Curiam.
___________

that has been litigated with fierce tenacity by the debtor,

Ulpiano Unanue-Casal, a/k/a Charles Unanue. See, e.g., In re
___ ____ ______

Unanue-Casal, 998 F.2d 28 (1st Cir. 1993); Unanue-Casal v.
____________ ____________

Unanue-Casal, 898 F.2d 839 (1st Cir. 1990). Although tenacity is
____________

to be admired, it is sometimes misplaced. So it is here.

We have carefully reviewed the voluminous record and

the parties' briefs, and have duly considered the matters raised

at oral argument. In the end, we are persuaded that the district

court did not err in reversing the bankruptcy court's refusal to

lift the automatic stay, 11 U.S.C. 362. The district court's

well-conceived opinion, see In re Unanue Casal, Civ. No. 92-1796
___ __________________

GG (D.P.R. Aug. 3, 1993) (unpublished), adequately elucidates the

reasoning that is controlling on the central issue presented by

this appeal, and no useful purpose would be served by rehearsing

that reasoning. Similarly, we see no basis for a remand to the

bankruptcy court for further exploration of this issue. And,

finally, appellant's other arguments are mere makeweights.

We need go no further. Because this appeal presents no

substantial question of law or fact, we summarily affirm the

judgment below.1





Affirmed. See 1st Cir. Loc. R. 27.1.
Affirmed. See 1st Cir. Loc. R. 27.1.
________ ___


____________________

1We take no view of appellees' claim that the appeal is
moot, as the appeal is impuissant in any event.

2







Source:  CourtListener

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