IN RE BRANDING IRON MOTEL, INC.

No. 84-1129.

798 F.2d 396 (1986)

In re BRANDING IRON MOTEL, INC., a Kansas Corporation, Debtor. BRANDING IRON MOTEL, INC., Appellant, v. SANDLIAN EQUITY, INC.; Bank of Mid America; Decker Investments, Inc.; Decker and Associates, Inc.; Stephen E. Decker; Don Dinning Gallery of Homes; and Village Realty, Inc., Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 26, 1986.


Attorney(s) appearing for the Case

Thomas D. Kitch of Fleeson, Gooing, Coulson & Kitch (Gregory J. Stucky of the same firm, David G. Arst of Arst & Arbuckle, and Terry G. Paup, with him, on briefs), Wichita, Kan., for appellant.

Milo M. Unruh (Edward F. Arn, with him on brief), of Arn, Mullins, Unruh, Kuhn & Wilson, Wichita, Kan., for appellees.

Before McKAY, LOGAN and BALDOCK, Circuit Judges.


BALDOCK, Circuit Judge.

This is an appeal from an order of the district court reversing the bankruptcy court's ruling that Branding Iron Motel's president did not have the authority to bind the motel to a note and mortgage. The district court conducted a de novo hearing, adopted part of the bankruptcy court's findings, but rejected particular findings, and concluded that the note and mortgage are valid and enforceable. Because we determine that the district court...

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