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IN RE FARMLAND INDUSTRIES, INC.

Nos. 03-6014, 03-6015 WM.

296 B.R. 793 (2003)

In re FARMLAND INDUSTRIES, INC., Debtor. Safeco Insurance Company of America, Plaintiff-Appellant, v. Farmland Industries, Inc., Defendant. ADM/Farmland, Inc., Defendant-Appellee. Safeco Insurance Company of America, Plaintiff-Appellant, v. Farmland Industries, Inc.; Farmland Transportation, Inc., Defendants. Anthony M. Brida, Inc.; B & D Motors, Inc.; Cornhusker Motor Lines; Direct Transport, Inc.; Michael Bennett Trucking, Inc.; R.E. Garrison Trucking, Inc.; Sparhawk Trucking, Inc.; Steiner & Son, L.L.C.; Agricultural Express; All Transportation Services, Inc.; Pinhook Transportation; Transcarriers, L.L.C.; Dannie Glider, Inc.; Heavy Duty Trux, Ltd.; E.C. Transportation Defendants-Appellees.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Filed: August 15, 2003.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Mr. Thomas T. Pennington of Nashville, Tennessee. Also, the following attorneys appeared on the brief: Mr. Philip L. Robertson of Nashville, Tennessee and Mr. Bruce E. Strauss of Kansas City, Missouri.

Counsel who presented argument on behalf of appellee ADM/Farmland, Inc. was Mr. Aaron Daniel Van Oort of Minneapolis, Minnesota. Also, the following attorneys appeared on the brief: Messrs. Charles F. Webber and Steven D. London of Minneapolis, Minnesota and Mr. Ronald S. Weiss of Kansas City, Missouri.

Before KRESSEL, Chief Judge, SCHERMER, and DREHER, Bankruptcy Judges.

DREHER, Bankruptcy Judge.

The issue in these appeals is the scope of bankruptcy court jurisdiction. In each case the bankruptcy court dismissed in part Appellant's claims on the ground that the court lacked jurisdiction to decide the dispute. For the reasons stated below, we reverse.

FACTS AND PROCEDURAL HISTORY

A. THE SAFECO/ADM DISPUTE

On May 4, 2001, ADM/Farmland, Inc. ("ADM") purchased certain grain handling facilities from Debtor, Farmland...

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