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IN RE CORN-PRO NONSTOCK COOPERATIVE, INC.

No. 04-6070NE, No. 04-6071NE, No. 04-6072NE.

318 B.R. 153 (2004)

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

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed December 16, 2004.

Attorney(s) appearing for the Case

Kathryn Derr, Omaha, Nebraska, for appellant Franzen.

Mihcael T. Eversden, Roberth J. Bothe, Omaha, Nebraska, for appellant Cooperative Supply.

Joe Hawbaker, Omaha, Nebraska, for appellee.

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

FEDERMAN, Bankruptcy Judge.

FACTUAL BACKGROUND

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...

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