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IN RE MBA POULTRY, L.L.C.

Nos. 01-2026, 01-2028, 01-2029, 01-2480.

291 F.3d 528 (2002)

In re: MBA POULTRY, L.L.C., Debtor. Dapec, Inc., Appellant, v. Small Business Administration, U.S., Defendant/Appellee, City of Tecumseh, Interested Party, The Money Store; Bird Watchers, L.L.C., Interested Parties/Appellees. DAPEC, INC., Appellee, v. Small Business Administration, U.S., Defendant, City of Tecumseh, Interested Party/Appellant,

United States Court of Appeals, Eighth Circuit.

Filed: May 30, 2002.

Attorney(s) appearing for the Case

John D. Marshall, Jr., argued, Atlanta, GA (Steven C. Turner, Omaha, NE, Thomas L. Cohen, Atlanta, GA, on the brief), for Appellant DAPEC, Nos. 01-2026/2028/2029.

David J. Koukol, argued, (Bruce Dalluge, Tecumseh, NE, on the brief), for Appellant City of Tecumseh, No. 01-2480.

Emmett D. Childers, argued, Omaha, NE, for Appellee The Money Store, Nos. 01-2026,2028/2029.

Stephen M. Cramer, AUSA, argued, Omaha, NE, for Appellee Small Business Administration.

John D. Marshall, argued (Steven C. Turner, Thomas L. Choen, on the brief), for Appellee DAPEC, No. 01-2480.

Before McMILLIAN and RILEY, Circuit Judges, and KORNMANN, District Judge.

RILEY, Circuit Judge.

These appeals arise out of the Chapter 11 bankruptcy of MBA Poultry, Inc. (MBA Poultry). At the time it declared bankruptcy, MBA Poultry owed debts to The Money Store (Money Store), the United States Small Business Administration (SBA), Dapec, Inc. (Dapec), and the City of Tecumseh, Nebraska (Tecumseh), as well as to other creditors who are not parties to these appeals. The Money Store and the SBA claim...

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