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IN RE MIDPOINT DEVELOPMENT

No. 05-6046.

466 F.3d 1201 (2006)

IN RE: MIDPOINT DEVELOPMENT, L.L.C. Debtor, CLAUDIA S. HOLLIMAN and GARY WEST, Trustee of the 1990 Grieser Trust, Appellees. v. MIDPOINT DEVELOPMENT, L.L.C., Appellant.

United States Court of Appeals, Tenth Circuit.

October 31, 2006.

Attorney(s) appearing for the Case

Bobbie Bayless of Bayless & Stokes, Houston, Texas, (Michael Paul Kirschner and Lorrie A. Corbin of Kirschner, Kisner, Lee, PLLC, Oklahoma City, Oklahoma, also on the briefs), for Appellant.

Harvey D. Ellis, Jr. of Crowe & Dunlevy, Oklahoma City, Oklahoma (Jimmy Goodman, William H. Hoch, and Reagen D. Allen of Crowe & Dunlevy, Oklahoma City, Oklahoma; Douglas N. Gould, Oklahoma City, Oklahoma, also on the brief), for Appellees.

Before TACHA, Chief Circuit Judge, BRISCOE, and HARTZ, Circuit Judges.

BRISCOE, Circuit Judge.

Midpoint Development, L.L.C., ("Midpoint") appeals the district court's dismissal of Midpoint's Chapter 11 bankruptcy petition. The district court dismissed Midpoint's bankruptcy petition after concluding that Midpoint had ceased to legally exist prior to its bankruptcy filing. We exercise jurisdiction pursuant to 28 U.S.C. § 158(d) and affirm the district court.

I.

On November 14, 2003, Meredith Brown, the sole member...

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