IN RE RACING SERVICES, INC.

No. 06-6058 ND.

363 B.R. 911 (2007)

In re RACING SERVICES, INC., Debtor. PW Enterprises, Inc., Plaintiff-Appellant, v. State of North Dakota, North Dakota Racing Commission, North Dakota Breeders Fund, and North Dakota Purse Fund, Defendants-Appellees, and Kip M. Kaler, Chapter 7 Trustee, Objector-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: March 9, 2007.


Attorney(s) appearing for the Case

Christopher E. Prince (argued), Los Angeles, CA, Michael B. Lubic, Los Angeles, CA, Messrs. Phillip L. Kunkel, Henry T. Wang, St. Cloud, MN, appeared on brief, for appellant.

Roger J. Minch, Fargo, ND, for appellee.

Before SCHERMER, FEDERMAN, and VENTERS, Bankruptcy Judges.


SCHERMER, Bankruptcy Judge.

PW Enterprises, Inc. ("Plaintiff") appeals the bankruptcy court's order denying its request for standing to prosecute a nine-count complaint against the State of North Dakota, the North Dakota Racing Commission, the North Dakota Breeders Fund, the North Dakota Purse Fund, and the North Dakota Special Promotions Fund (collectively "Defendants"). We have jurisdiction over this appeal from the final order of the bankruptcy court. See

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