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IN RE FARMLAND INDUSTRIES, INC.

No. 07-6046 WM.

378 B.R. 829 (2007)

In re FARMLAND INDUSTRIES, INC., Debtor. GAF Holdings, LLC, Plaintiff-Appellant, v. Philip Rinaldi; Stanley Riemann; Robert Terry; Pegasus Partners II, L.P.; Pegasus Investors II, L.P.; Pegasus Capital Partners, L.P.; Morgan Trust Company, National Association, in its capacity as Trustee of the FI Liquidating Trust, Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: December 5, 2007.

Attorney(s) appearing for the Case

Norman A. Abood, Toledo, OH, for Appellant.

Thomas R. Califano, New York City, Arthur F. Fergenson, E. O'Brien Kelly, appeared on the brief, New York City, for Rinaldi and Pegasus appellees.

Stephen P. Dees, Todd W. Ruskamp, appeared on the brief, Kansas City, MO, for Robert Terry.

David B. Goroff, Michael J. Small, William J. McKenna, Katherine E. Licup, appeared on the brief, Chicago, IL, for J.P. Morgan Trust Company.

Lawrence A. Rouse, Lee R. Anderson, appeared on the brief, Kansas City, MO, for Stanley Riemann.

Before KRESSEL, Chief Judge, SCHERMER and McDONALD, Bankruptcy Judges.

SCHERMER, Bankruptcy Judge.

GAF Holdings, LLC ("GAF") appeals the bankruptcy court order dismissing with prejudice its complaint against Philip Rinaldi ("Rinaldi"); Stanley Riemann ("Riemann"); Robert Terry ("Terry"); Pegasus Partners II, L.P.; Pegasus Investors II, L.P.; Pegasus Capital Partners, L.P. (the three Pegasus entities are referred to herein as "Pegasus"); and J.P. Morgan Trust Company, National Association in...

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