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IN RE FAIRFIELD PAGOSA, INC.

Nos. 95-3535, 95-3691.

97 F.3d 247 (1996)

In re FAIRFIELD PAGOSA, INC.; Fairfield Communities, Inc., Debtors. PAGOSA LAKES PROPERTY OWNERS' ASSOCIATION, INC., a Colorado Non-Profit Corporation, Appellant/Cross-Appellee, v. FAIRFIELD PAGOSA, INC.; Fairfield Communities, Inc.; First National Bank of Boston, Appellees/Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 2, 1996.

Rehearing Denied November 6, 1996.

Attorney(s) appearing for the Case

Gerald Sawatzky, Pagosa Springs, CO, argued (James E. Smith, Little Rock, AR, on the brief), for Appellant/Cross-Appellee.

Mark W. Batten, Boston, MA, argued (James F. Dowden, Little Rock, AR, and Joseph L. Kociubes and Allison R. Handel, Boston, MA, on the brief), for First National.

Gregory M. Gordon, Dallas, TX, argued (Barbara J. Oyer, on the brief), for Fairfield Communities.

Before McMILLIAN and FAGG, Circuit Judges, and BURNS, District Judge.

McMILLIAN, Circuit Judge.

This case is on appeal and cross-appeal from an order entered in the United States District Court1 for the Eastern District of Arkansas affirming an order of the bankruptcy court2 in adversary proceedings which arose in the Chapter 11 bankruptcy case for Fairfield Communities, Inc. (FCI), the debtor. Pagosa Lakes Property Owners' Ass'n v. Fairfield Communities, Inc. (In re Fairfield...

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