IN RE NEWPORT CREAMERY, INC.

BAP Nos. RI 02-037, RI 02-038, RI 02-070, RI 02-082, RI 02-091, Bankruptcy No. 01-13196, Adversary Nos. 01-1118, 02-1027.

295 B.R. 408 (2003)

In re NEWPORT CREAMERY, INC., Debtor. GE Capital Franchise Finance Corporation, Appellant, v. Andrew S. Richardson, Chapter 7 Trustee, Appellee. GE Capital Franchise Finance Corporation, Appellant, v. Andrew S. Richardson, Chapter 7 Trustee, Robert E. Swain, Rocomi Enterprises L.L.C., Newport Creamery, L.P., Newberg, L.P., Newhart, L.P., Tarpon Highlands Development Corporation, and Linda D. Swain, Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

July 16, 2003.


Attorney(s) appearing for the Case

Jeffrey T. Wegner, Michael J. Mills, Kutak Rock, LLP, Omaha, NE, John H. Bernstein, Kutak Rock, LLP, Denver, CO, Peter J. Furness, Nixon Peabody, LLP, Providence, RI, on brief for Appellant.

Alden C. Harrington, Boyajian, Harrington & Richardson, Providence, RI, on brief for Appellee.

Before KENNER, HILLMAN & ROSENTHAL, U.S. Bankruptcy Appellate Panel Judges.


INTRODUCTION

ROSENTHAL, Bankruptcy Judge.

Pending before the United States Bankruptcy Appellate Panel for the First Circuit (the "Panel") are five appeals by GE Capital Franchise Finance Corporation ("GE Capital") from orders entered by the United States Bankruptcy Court for the District of Rhode Island (the "Bankruptcy Court"). GE Capital allegedly holds a first mortgage interest in certain property, including five parcels of real estate (the "Properties...

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