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IN RE TELLURIDE INCOME GROWTH LP

BAP No. CO-05-090, Bankruptcy No. 03-31600-ABC.

364 B.R. 407 (2007)

In re TELLURIDE INCOME GROWTH LP, Debtor. Dennis Bullock, Don Gerber, Steve Hinkle, Mary L. Hinkle, Jerry D. James, Don G. Lyle, Jon R. Lyle, Kenneth R. Miller, Michael E. Monoscalco, Madelyn J. Monoscalco, Jill Marie Monoscalco, Laura C. Monoscalco, Eugene C. Moravec, Joseph R. Nardone, Howard W. Nutt, Ralph Edward Preston, Ken E. Rhode, James Sterling, Sandra R. Tingle, R.M. Yost Ira, R. Michael Yost, and Roselva M. Yost, Appellants, v. Telluride Income Growth LP, Telluride Global Development, LLC, E. Global Development Ltd., Telluride Asset Resolution, and Jeanne Y. Jagow, Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

March 12, 2007.

Attorney(s) appearing for the Case

Douglas G. Benedon of Benedon & Serlin, Woodland Hills, CA (Joseph Solomon of Solomon & Solomon, Telluride, CO, and Steven R. Fox, Encino, CA, with him on the briefs), for Appellants.

John C. Smiley of Lindquist & Vennum P.L.L.P, Denver, CO (Michael Gilbert, Esq., of Reed & Fanos, Ouray, CO, with him on the briefs), for Appellees.

Before McFEELEY, Chief Judge, THURMAN, and SOMERS, Bankruptcy Judges.

OPINION

McFEELEY, Chief Judge.

This appeal is from the bankruptcy court's denial of the Appellants' motion, pursuant to Federal Rule of Bankruptcy Procedure 9023,2 to alter or amend the bankruptcy court's findings of fact and conclusions of law entered when sustaining the Chapter 7 Trustee's motion to sell certain assets of the Debtor pursuant to 11 U.S.C. § 363.3

I. JURISDICTION...

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