UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

In re:

CRAY COMPUTER CORPORATION, a Delaware Corporation,

Debtor,

WILLIAM KUNTZ, III,

Appellant,

v.

U.S. BANKRUPTCY COURT,

Appellee.

No. 97-1428

(D.C. No. 97-K-1811)

(District of Colorado)

ORDER AND JUDGMENT*

Before PORFILIO, KELLY, and HENRY, Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Our examination of the briefs and record leads us to the conclusion the appeal is wholly without merit. The judgment is affirmed for the reasons stated by the district court in its order of dismissal.

ENTERED FOR THE COURT

John C. Porfilio

Circuit Judge