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IN RE USERY

BAP No. 99-6048WM.

242 B.R. 450 (1999)

In re Mary Beth USERY, Debtor. Ewing B. Gourley and Carol L. Gourley, Plaintiffs-Appellants, v. Mary Beth Usery; Steven Usery; and Mark Gardner, Defendants-Appellees. Mary Beth Usery; Steven Usery; Mark Gardner, Trustee of the Shawn Usery Trust and the Stephanie Usery Trust; and William Hart, Trustee Under Certain Deeds of Trust, Plaintiffs-Appellees, v. Ewing B. Gourley; Carol L. Gourley; E.B.G. Health Care III, Inc.; E.B.G. Health Care IV, Inc.; Health Care Retirement Village, Inc.; and Health Care Laundry Services, Inc., Defendants-Appellants.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Decided December 16, 1999.

Attorney(s) appearing for the Case

Brett D. Anders, Daniel J. Flanigan, on brief, Kansas City, MO, for appellants.

Mark E. Gardner, Lloyd Joseph Carmicheal, on brief, Mary H. Neal, on brief, Springfield, MO, for appellees.

Before WILLIAM A. HILL, SCOTT, and DREHER, Bankruptcy Judges.

DREHER, Bankruptcy Judge.

Ewing and Carol Gourley ("Appellants") appeal from the order of the bankruptcy court1 calculating damages in their fraud case after remand from the Eighth Circuit Court of Appeals for a new trial limited solely to that issue. The facts of this case are set forth in the Eighth Circuit's opinion in Gourley v. Usery (In re Usery), 123 F.3d 1089...

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