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IN RE HEDGED-INVESTMENTS ASSOCIATES, INC.

Nos. 02-1191, 02-1192.

380 F.3d 1292 (2004)

In re HEDGED-INVESTMENTS ASSOCIATES, INC.; Hedged-Securities Associates, LP; Hedged-Investments Associates, LP; Hedged-Investments Associates II, LP, Debtors, Harvey Sender, Trustee, Plaintiff-Appellee, v. The Bronze Group, Ltd., Defendant-Appellee, v. J. Daniel Brinker, Donald Shwayder, Alfred Weisner and Laurence Demuth, Jr., individually and as Class Representatives of Class III; Class III, Defendants-Appellants, and Fred Hannahs and Mary Estill Buchanan, individually and as Class Representatives of Classes I and II; Classes I and II, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 26, 2004.

Attorney(s) appearing for the Case

Bruce E. Rohde, Davis & Ceriani, P.C., Denver, CO (M. Frances Cetrulo and Edwin G. Perlmutter, Berenbaum, Weinshienk & Eason, P.C., Denver, CO, with him on the briefs), for Appellants.

Phillip D. Barber, Phillip D. Barber, P.C., Denver, CO (Randall J. Feuerstein, Dufford & Brown, P.C., Denver, CO), for Appellees.

Before EBEL, BALDOCK and KELLY, Circuit Judges.

EBEL, Circuit Judge.

This case is the latest to arise from the bankruptcy of Hedged Investments Associates, Inc. (HIA), a stock investment Ponzi scheme which was run for thirteen years by James Donahue until it finally collapsed in the fall of 1990. This long-running dispute again before us concerns the proper distribution of the assets in the bankruptcy estate.

In this appeal, certain equity investors in HIA and...

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