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RUPP v. MARKGRAF

No. 95-4120.

95 F.3d 936 (1996)

Stephen W. RUPP, Trustee, Plaintiff-Appellant, v. Edwin MARKGRAF, Mary A. Markgraf, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 23, 1996.

Attorney(s) appearing for the Case

John Dustin Morris (Reid Takeoka and Stephen W. Rupp with him on the brief), of McKay, Burton & Thurman, Salt Lake City, Utah, for Plaintiff-Appellant.

Francis Gerard Fanning, Mesa, Arizona (Steven W. Call of Ray, Quinney & Nebeker, Salt Lake City, Utah, with him on the brief), for Defendants-Appellees.

Before EBEL, KELLY and HENRY, Circuit Judges.

EBEL, Circuit Judge.

Stephen W. Rupp, the Chapter 7 bankruptcy trustee of Cowboy Enterprises, Inc. ("Cowboy"), appeals the district court's dismissal of an adversary proceeding to avoid and recover a fraudulent conveyance of Cowboy's property from appellees Edwin and Mary Markgraf under §§ 544(b) and 550 of the Bankruptcy Code, 11 U.S.C. §§ 544(b) & 550. We exercise jurisdiction under 28 U.S.C. §§ 158(d) & 1291 and remand for...

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