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IN RE FARMLAND INDUSTRIES, INC.

BAP No. 07-6046.

408 B.R. 497 (2009)

In re FARMLAND INDUSTRIES, INC., Debtor. GAF Holdings, LLC, Plaintiff-Appellant, v. Philip Rinaldi; Stanley Riemann; Robert Terry; Pegasus Partners II, L.P.; Pegasus Investors II, L.P.; Pegasus Capital Partners, L.P.; J.P. Morgan Trust Company, National Association, in its capacity as Trustee of the FI Liquidating Trust, Defendants-Appellees. Black Diamond Capital Management, L.L.C., Defendant.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: July 27, 2009.

Attorney(s) appearing for the Case

Norman Anthony Abood, Toledo, Ohio, for appellant.

Thomas R. Califano, New York City, for appellee Pegasus.

Stephen Phillip Dees, Kansas City, MO, for appellee Terry.

David Barry Goroff, Chicago, IL, for appellee J.P. Morgan Trust Company.

Lawrence A. Rouse, Kansas City, MO, for appellee Stanley Riemann.

Before KRESSEL, Chief Judge, SCHERMER and MAHONEY, Bankruptcy Judges.

KRESSEL, Chief Judge.

GAF Holdings, LLC appeals the bankruptcy court's2 order dismissing with prejudice its complaint against Philip Rinaldi; Stanley Riemann; Robert Terry; Pegasus Partners II, L.P.; Pegasus Investors II, L.P.; Pegasus Capital Partners, L.P.3; and J.P. Morgan Trust Company, National Association in its capacity as Trustee of the FI Liquidating Trust. We affirm.

BACKGROUND

GAF...

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