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IN RE MILK PALACE DAIRY, LLC

BAP No. KS-04-079, Bankruptcy No. 03-16743-11.

327 B.R. 462 (2005)

In re MILK PALACE DAIRY, LLC, Debtor. Metropolitan Life Insurance Company, Appellant, v. Milk Palace Dairy, LLC, Amarillo National Bank, Kit Carson State Bank, Hubbard Feeds, Inc., Caterpillar Financial Services Corp., Columbine Farms, LLC, Hughs Livestock, Inc., Jackie Hatcher, and Unsecured Creditors' Committee, Appellees.

United States Bankruptcy Appellate Panel for the Tenth Circuit.

July 22, 2005.

Attorney(s) appearing for the Case

Martin W. Bauer of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., Wichita, Kansas, for Appellant.

W. Thomas Gilman of Redmond & Nazar, LLP, Wichita, Kansas, for Appellees Milk Palace Dairy, L.L.C., Amarillo National Bank and the Unsecured Creditors' Committee.

Before BOHANON, CORNISH, and BOULDEN, Bankruptcy Judges.

OPINION

BOULDEN, Bankruptcy Judge.

This appeal seeks reversal of an order granting Milk Palace Dairy LLC's (Debtor) rather unusual request to purchase real property and fixtures (Property) from a related entity, Hughs Livestock (Hughs). The Debtor was liable to appellant Metropolitan Life Insurance Co. (Met) for a mortgage that encumbered the Property although the related entity, and not the Debtor, owned the Property. The bankruptcy court approved the purchase...

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