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IN RE ANDERSON

No. 03-6087MN.

308 B.R. 25 (2004)

In re Donald A. ANDERSON, as surety for Andair Farms, also known as Anderson Farms; Joyce D. Anderson, Debtors. JaKS Farm Custom Forage Harvesting, L.L.C., Creditor-Appellant, v. Donald A. Anderson and Joyce D. Anderson, Debtor-Appellees.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

April 6, 2004.

Attorney(s) appearing for the Case

Matthew L. Benda of Albert Lea, Minnesota, for appellant.

Kurt Michael Anderson of Minneapolis, Minnesota, for appellee.

On March 16, 2004, we reversed and remanded an order of the bankruptcy court confirming the Andersons' Chapter 12 plan. On March 26, 2004, the Andersons filed a motion for rehearing. They cited as grounds for rehearing that (1) the opinion errs as a matter of Minnesota law and possibly as a matter of federal law; (2) insofar as equitable considerations govern this case, the opinion fails to give due deference to the trial court; and (3) the opinion fails to apply the clearly...

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