Summary
recognizing the failure to attempt to obtain a stay pending appeal "as `procedural ineptitude' in view of the unambiguous directions of Bankruptcy Rule 8005"
Summary of this case from In re Best Products Co., Inc.Opinion
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Argued and Submitted April 16, 1990.
Appeal from the United States District Court for the Northern District of California; Robert P. Aguilar, District Judge, Presiding.
N.D.Cal.
AFFIRMED.
Before CHAMBERS and BEEZER, Circuit Judges, and KLEINFELD , District Judge.
Honorable Andrew J. Kleinfeld, United States District Judge for the District of Alaska, sitting by designation.
ORDER AFFIRMING JUDGMENT
The judgment denying plaintiff leave to file a second amended complaint is affirmed. The trial judge's statement that the "second amended complaint actually does appear to state a claim" might have sustained a ruling of the trial judge refusing to dismiss, but it was within the area permitted to his sound discretion.