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IN RE BROOK VALLEY VII, JOINT VENTURE

No. 06-3280.

496 F.3d 892 (2007)

In re: BROOK VALLEY VII, JOINT VENTURE, Debtor. Rick D. Lange, Appellee, v. Robert C. Schropp; Leo E. Dahlke; Phoenix Properties, LLC; Phoenix Properties, of Brook Valley 1, LLC; Phoenix Properties, of Brook Valley 2, LLC; R&L Valley Properties, LLC; RCS & Sons, Inc., Appellants. In re: Brook Valley IV, Joint Venture, Debtor. Rick D. Lange, Appellee, 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, Properties, LLC, Appellants. In re: Brook Valley VII, Joint Venture, Debtor. Rick D. Lange, Appellee, v. Robert C. Schropp; Leo E. Dahlke; Phoenix Properties, LLC; Phoenix Properties, of Brook Valley 1, LLC; Phoenix Properties, of Brook Valley 2, LLC; R&L Valley Properties, LLC; RCS & Sons, Inc., Appellants. In re: Brook Valley IV, Joint Venture, Debtor. Rick D. Lange, Appellee, 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, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 6, 2007.

Attorney(s) appearing for the Case

Edward D. Hotz, argued, Michael R. Peterson, on the brief, Omaha, NE, for appellant.

Robert F. Craig, argued, Jenne Taub, on the brief, Omaha, NE, for appellee.

Before COLLOTON, HANSEN, and GRUENDER, Circuit Judges.

COLLOTON, Circuit Judge.

Rick D. Lange, the bankruptcy trustee for debtors Brook Valley IV, Joint Venture, and Brook Valley VII, Joint Venture, brought suit against Robert C. Schropp, Leo E. Dahlke, and several entities controlled by Schropp and/or Dahlke. Lange alleges that Schropp and Dahlke breached their fiduciary duties to the bankruptcy estates and converted property of the estates. After a two-day trial, the bankruptcy court concluded that Schropp and Dahlke...

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