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IN RE BDT FARMS, INC.

No. 93-6302.

21 F.3d 1019 (1994)

In re BDT FARMS, INC., Debtor, John E. FOULSTON, United States Trustee, Region 20, Appellant, v. BDT FARMS, INC., Appellee.

United States Court of Appeals, Tenth Circuit.

April 12, 1994.

Attorney(s) appearing for the Case

Submitted on the briefs:

John E. Foulston, U.S. Trustee, Herbert M. Graves, Senior Asst. U.S. Trustee, and Mark B. Toffoli, Atty., Office of the U.S. Trustee, Oklahoma City, OK, and Martha L. Davis, General Counsel, and Paul W. Bridenhagen, Atty., Executive Office for U.S. Trustees, Washington, DC, for appellant.

B.J. Brockett, Anthony L. Jackson, and J. Mark Spaeth, Oklahoma City, OK, for appellee.

Before LOGAN and SETH, Circuit Judges, and KELLY, District Judge.

LOGAN, Circuit Judge.

This appeal arises out of a Chapter 12 family farmer bankruptcy, 11 U.S.C. §§ 1201-31. The case presents a difficult question concerning the calculation of the standing trustee's fee under 28 U.S.C. § 586(e). The United States Trustee appeals from adverse decisions of the bankruptcy and district courts. We exercise jurisdiction under 28 U.S.C. §§ 158(d) and 1291, and reverse.1

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