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IN RE GRIMLAND, INC.

No. 00-50301.

243 F.3d 228 (2001)

In the Matter of: GRIMLAND, INC., Debtor. TNB Financial, Inc., Appellant, v. James F. Parker Interests, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 17, 2001.

Attorney(s) appearing for the Case

Charles R. Nettles (argued), Austin, TX, for Appellant.

Patricia Baron Tomasco (argued), Brian Arlington Kilmer, Sheinfeld, Maley & Kay, Austin, TX, for Appellee.

Before JOLLY and DAVIS, Circuit Judges, and RESTANI, Judge.

RESTANI, Judge:

This is an appeal of a district court order affirming a bankruptcy court order of surcharge. The surcharged lienholder appeals. We hold that the bankruptcy court erred in not granting the lienholder's objection to the surcharge. Any technical failure to meet the deadline for objections should not have been determinative under the unique facts of this case.

FACTS AND PRIOR PROCEEDINGS

Grimland, Inc. ("Grimland") operated an...

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