DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

001389P.pdf   12/13/2000  Cedar Shore Resort  v.  Paul Mueller
   U.S. Court of Appeals Case No:  00-1389
   District of South Dakota   
   Civil Case - bankruptcy. Bankruptcy court's determination that 
   bankruptcy petition was filed in bad faith is affirmed. Bankruptcy 
   court's factual determination that motivation for bankruptcy 
   petition was to dispose of shareholder lawsuit was not clearly 
   erroneous. Court declines to adopt a test that bankruptcy court 
   many not dismiss a petition for bad faith unless it also finds 
   that no legitimate possibility of reorganization exists; Chapter 11 
   petition may be dismissed for bad faith alone. Dismissal was 
   not an abuse of discretion.