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IN RE NEW SEABURY CO. LIMITED PARTNERSHIP

Nos. 05-1526, 05-1588.

450 F.3d 24 (2006)

In re NEW SEABURY COMPANY LIMITED PARTNERSHIP, Debtor, New Seabury Company Limited Partnership, Appellant, Cross-Appellee, v. New Seabury Properties, LLC, Appellee, Cross-Appellant.

United States Court of Appeals, First Circuit.

Decided June 7, 2006.

Attorney(s) appearing for the Case

John J. Monaghan with whom Lynne B. Xerras, Diane N. Rallis, Esme B. Caramello and Holland & Knight, LLP were on brief for appellant, New Seabury Company Limited Partnership.

Daniel E. Rosenfeld with whom David M. Glynn, Robert N. Michaelson and Kirkpatrick & Lockhart LLP were on brief for appellee, New Seabury Properties, LLC.

Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

CAMPBELL, Senior Circuit Judge.

The parties in this case have brought what are effectively cross-appeals from an order of dismissal entered by the United States District Court for the District of Massachusetts on March 23, 2005 ("2005 District Order"), affirming the July 20, 2004 decision of the United States Bankruptcy Court on second remand from the district court.

The dispute is between New Seabury Company Limited Partnership (the "Debtor") and New Seabury...

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