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IN RE CRYSTALIN, L.L.C.

BAP Nos. 02-6077, 02-6078EM.

293 B.R. 455 (2003)

In re CRYSTALIN, L.L.C., Debtor. Crystalin, L.L.C. and Citizens National Bank of Greater St. Louis, Appellants, v. Selma Properties, Inc., Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: May 27, 2003.

Rehearing Denied: June 18, 2003.

Attorney(s) appearing for the Case

Robert E. Eggmann, Duane L. Coleman, Melissa Price Smith, Larry E. Parres, C. David Goerisch, St. Louis, MO, on the brief, for appellants.

Robert H. Brownlee, Mary M. Bonacorsi, Nicholas B. Clifford, Jr., Steven R. Wild, St. Louis, MO, on the brief, for appellee.

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

DREHER, Bankruptcy Judge.

This is an appeal from an order of the bankruptcy court denying Debtor's motion to assume a real property lease, and from a subsequent order denying the motions of Debtor and Citizens National Bank of Greater St. Louis to alter or amend the judgment. For the reasons stated below we reverse and remand.

FACTS

Debtor, Crystalin, L.L.C ("Debtor") is a limited liability company formed for the purpose of purchasing and operating...

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