IN RE C AND M PROPERTIES, L.L.C.

No. 07-4232.

563 F.3d 1156 (2009)

In re C AND M PROPERTIES, L.L.C., a Utah Limited Liability Company, Debtor. C and M Properties, L.L.C., a Utah Limited Liability Company, Plaintiff-Appellee, v. Richard D. Burbidge, individually; Jefferson W. Gross, individually; Burbidge and Mitchell; Richard D. Burbidge; Stephen B. Mitchell; Jefferson W. Gross, Utah Corporations, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 30, 2009.


Attorney(s) appearing for the Case

Duane H. Gillman (James S. Jardine and Matthew R. Lewis, of Ray, Quinney & Nebeker, P.C., Salt Lake City, UT, with him on the briefs), of Durham, Jones & Pinegar, Salt Lake City, UT, for Defendants-Appellants.

Peter W. Billings (Brad Holm and Alan K. Hyde of Holm, Wright, Hyde & Hays, PLC, Phoenix, AZ, and Douglas J. Payne of Fabian & Clendenin, Salt Lake City, UT, with him on the brief), of Fabian & Clendenin, Salt Lake City, UT, for Plaintiff-Appellee.

Before McCONNELL, EBEL, and GORSUCH, Circuit Judges.


GORSUCH, Circuit Judge.

It's been more than four years since any federal judge had authority to hear this case. Even so, the litigation grinds on. Before the bankruptcy and district courts, the parties have bloodied each other in round after round of motions and arguments through year after year. They now appeal, asking us to sort out their dispute. But an order issued in December 2004 remanded this case to state court. That order divested the federal courts of subject...

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