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IN RE BROOK VALLEY IV

Nos. 06-6009, 06-6010, 06-6012, 06-6013 NE.

347 B.R. 662 (2006)

In re BROOK VALLEY IV, Joint Venture; Brook Valley VII, Joint Venture, Debtors. Rick D. Lange, Plaintiff — Appellee/Cross-Appellee/Cross-Appellant. v. Robert C. Schropp; Leo E. Dahlke; RCS & Sons, Inc.; Phoenix Properties, LLC; Phoenix Properties of Brook Valley 1, LLC; Phoenix Properties of Brook Valley 2, LLC; R & L Valley Properties, LLC, Defendants — Appellants/Cross-Appellees, Jerry Slusky, Defendant — Cross-Appellee, John Does, 1 through 20, Defendants.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Filed: August 15, 2006.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants/cross-appellees was Mr. Edward D. Hotz of Omaha, Nebraska. Also, Ms. Anne M. Breitkreutz of Omaha appeared on the brief.

Counsel who presented argument on behalf of the appellee/cross-appellant was Mr. Robert Frederick Craig of Omaha, Nebraska. Also, Ms. Jenna B. Taub of Omaha appeared on the brief.

SCHERMER, FEDERMAN, and VENTERS, Bankruptcy Judges.

FEDERMAN, Bankruptcy Judge.

This is an appeal and cross-appeal from a Judgment of the United States Bankruptcy Court for the District of Nebraska issued on February 3, 2006, in which the court granted judgment, awarded monetary damages, and imposed a constructive trust, in favor of the plaintiff, Rick D. Lange, the Chapter 7 Trustee (the "Trustee") of debtors Brook Valley IV, Joint Venture, and Brook Valley VII, Joint Venture ("Brook Valley" or "Debtors"), and against...

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