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IN RE AMERICAN PREFERRED PRESCRIPTION, INC.

No. 00-5072.

255 F.3d 87 (2001)

In re AMERICAN PREFERRED PRESCRIPTION, INC., Debtor. Kenneth P. Silverman, Esq., Trustee-Appellant, v. Tracar, S.A., Appellee.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: June 28, 2001.

Errata Filed: July 11, 2001.

Attorney(s) appearing for the Case

Anthony C. Acampora, Jericho, N.Y. (Ronald J. Friedman, Silverman, Perlstein & Acampora LLP, Jerico, N.Y., on the brief), for trustee-appellant.

Thomas R. Newman, Luce, Forward, Hamilton & Scripps LLP, New York, NY, on the brief, for debtor-appellee.

Before: FEINBERG, JON O. NEWMAN, and SACK, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal concerns the narrow issue of whether, in a Chapter 11 reorganization proceeding, a creditor who fails to appeal a post-confirmation order appointing a trustee is precluded from challenging the trustee's appointment when the trustee subsequently obtains an order affecting the creditor's interests. This issue arises on an appeal by Kenneth P. Silverman, trustee for the debtor American Preferred Prescription ("APP") from the...

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