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LANDSCAPE PROPERTIES, INC. v. VOGEL

94-1234.

46 F.3d 1416 (1995)

LANDSCAPE PROPERTIES, INC., Debtor in Possession, Appellant, v. Robert A. VOGEL, Richard C. Downing, Joe D. Whisenhunt, Appellees, Wingfield Martin; Milton T. Schaeffer, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided February 2, 1995.

Rehearing and Suggestion for Rehearing Denied March 28, 1995.

Attorney(s) appearing for the Case

C. Richard Crockett, Little Rock, AR, argued, for appellant.

G. Patrick Arnoult, Memphis, TN, argued (Russell J. Hensley, on the brief) for appellee, Whisenhunt.

John C. Calhoun, North Little Rock, AR, argued (Scott E. Daniel, on the brief), for appellee Vogel.

Before BEAM, Circuit Judge, FRIEDMAN, Senior Circuit Judge and LOKEN, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied March 28, 1995.

FRIEDMAN, Senior Circuit Judge.

Section 363(n) of the Bankruptcy Reform Act of 1978, 11 U.S.C. § 363(n) (1988), authorizes a bankruptcy trustee to "avoid" a sale of the bankruptcy estate's property or to recover damages "if the sale price was controlled by an agreement among potential bidders at such sale." In the prior appeal in this case, we held that § 363(n) is not limited...

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