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IN RE CORN-PRO NONSTOCK CO-OP., INC.

Nos. 04-6031, 04-6032, 04-6036.

317 B.R. 56 (2004)

In re CORN-PRO NONSTOCK COOPERATIVE, INC., Debtor. Cooperative Supply, Inc. and Darwin Franzen, PetitioningCreditors-Appellants/Cross-Appellees, v. Corn-Pro Nonstock Cooperative, Inc., Debtor-Appellee/Cross-Appellant.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: November 10, 2004.

Attorney(s) appearing for the Case

Michael T. Eversden of Omaha, Nebraska, Robert J. Bothe, Kathryn Derr, Omaha, Nebraska, appeared on the brief, for appellant.

Joe M. Hawbaker, Omaha, Nebraska, for appellee.

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

FACTUAL BACKGROUND

FEDERMAN, Bankruptcy Judge.

These appeals arise out of an involuntary bankruptcy petition which was filed by Cooperative Supply, Inc. and Darwin Franzen (Petitioning Creditors) against debtor Corn-Pro Nonstock Cooperative, Inc. (Corn-Pro). In response to the involuntary petition, on July 29, 2003, Corn-Pro filed a motion to dismiss, contending that, as a "farmer," within the meaning of the Bankruptcy Code (the Code),1...

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