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IN RE MIDGARD CORP.

BAP No. WO-96-21, Bankruptcy No. 93-12740-BH, Adv. No. 96-1218-BH.

204 B.R. 764 (1997)

In re MIDGARD CORPORATION, Debtor. David PERSONETTE, Plaintiff-Appellant, Midgard Corporation, Plaintiff-Counter-Defendant-Appellant, v. Curtis KENNEDY and Claudnell Kennedy, Defendants-Counter-Claimants-Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

February 4, 1997.

Attorney(s) appearing for the Case

Wilburn C. Hall, Jr., Norman, OK, for Plaintiffs-Appellants.

David Pomeroy of Fuller, Tubb & Pomeroy, Oklahoma City, OK, for Defendants-Appellees.

Before McFEELEY, Chief Judge, and PUSATERI and CLARK, Bankruptcy Judges.

OPINION

CLARK, Bankruptcy Judge.

The debtor, Midgard Corporation ("Debtor"), and David Personette, an insider of the Debtor ("Personette"), appeal the order of the United States Bankruptcy Court for the Western District of Oklahoma denying their motion for remand and their motion for reconsideration. We reverse and remand this proceeding to the Bankruptcy Court with instructions to remand it to state court.1

I....

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