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IN RE AMERICAN HOMEPATIENT, INC.

No. 04-5771.

414 F.3d 614 (2005)

In re: AMERICAN HOMEPATIENT, INC., et al., Debtors. Bank of Montreal, for itself and as Agent for AIMCO CDO Series 2000-A, et al., Appellants, v. American HomePatient, Inc., et al., Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 11, 2005.

Attorney(s) appearing for the Case

ON BRIEF: James R. Kelley, Neal & Harwell, Nashville, Tennessee, Alan Wright, Haynes & Boone, Dallas, Texas, for Appellants. Frank J. Wright, C. Ashley Ellis, Hance, Scarborough, Wright, Ginsburg & Brusilow, Dallas, Texas, Robert J. Mendes, Mendes & Gonzales, Nashville, Tennessee, for Appellees.

Before: SILER and GIBBONS, Circuit Judges; STAFFORD, District Judge.

OPINION

STAFFORD, Senior District Judge.

As agent for the senior secured lenders in this bankruptcy case, the appellant, Bank of Montreal, appeals an order affirming the bankruptcy court's determination of the amount of damages resulting from the debtors'/appellees' rejection of an executory contract during Chapter 11 reorganization. We affirm.

I.

Effective May 25, 2001, American HomePatient, Inc. ("AHP"), entered into a credit agreement...

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