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IN RE BCD CORP.

No. 95-4171.

119 F.3d 852 (1997)

In re BCD CORPORATION, f/k/a Provo Aquatic Park, Inc., Debtor. GOLFLAND ENTERTAINMENT CENTERS, INC., Appellant, v. PEAK INVESTMENT, INC.; BCD Corporation and Robert E. Wilcox, the Commissioner of Insurance of the State of Utah and liquidator of Southern American Insurance Company, Appellees.

United States Court of Appeals, Tenth Circuit.

July 21, 1997.

Attorney(s) appearing for the Case

Jeffrey L. Shields (Zachary T. Shields, with him on the brief) of Callister Nebeker & McCullough, Salt Lake City, UT, for Appellant.

Craig Carlile of Ray Quinney & Nebkeker, Provo, UT; and Duane H. Gillman (Leslie J. Randolph, with him on the brief) of McDowell & Gillman, Salt Lake City, UT, for Appellee.

Before EBEL, HOLLOWAY, and MURPHY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Appellant Golfland Entertainment Centers, Inc. (Golfland) appeals from the district court's order affirming the bankruptcy court's vacating of a confirmed sale. We have jurisdiction over the district court's order pursuant to 28 U.S.C. § 1291 and we affirm.

I

The facts of this appeal, which are essentially undisputed except as noted below, are as follows:

The subjects of this appeal are a water park, a storage...

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