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IN RE FARMLAND INDUSTRIES, INC.

BAP No. 03-6004WM.

296 B.R. 188 (2003)

In re FARMLAND INDUSTRIES, INC., Debtor. Official Committee of Unsecured Creditors, Appellant, v. Farmland Industries, Inc.; Farmland Foods, Inc.; Farmland Transportation, Inc.; Farmland Pipeline Co.; SFA, Inc., Debtors-Appellees. Official Committee of Bondholders, Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: August 7, 2003.

Attorney(s) appearing for the Case

Russell L. Reid, Dallas, Texas, Henry J. Kaim, S. Margie Venus, Christopher A. Artzer, Houston, Texas, Christopher J. Redmond, Gary Barnes, Kansas City, Missouri, on brief, for appellant.

Daniel R. Young, Kansas City, Missouri, Laurence M. Frazen, Robert J. Thompson, Kansas City, Missouri, on brief, for Farmland appellees.

Daniel J. Flanigan, Kansas City, Missouri, Amy W. Ringsdorf, Kansas City, Missouri, on brief, for Official Committee of Bondholders.

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

KRESSEL, Chief Judge.

The Committee of Unsecured Creditors appeals the November 27, 2002 memorandum order of the bankruptcy court1 allowing the transaction fees earned by Houlihan Lokey Howard & Zukin Financial Advisors, Inc. to be paid from any recoveries obtained by the unsecured creditors, and not out of the general funds of the bankruptcy estate. The Creditors' Committee also appeals from the bankruptcy court's order denying its...

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