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IN RE TRI-STATE ETHANOL CO., LLC

Nos. CIV 06-1040, 06-1043, 07-1003.

369 B.R. 481 (2007)

2007 DSD 9

In the Matter of Appeals from Orders of the Bankruptcy Court in the Case of TRI-STATE ETHANOL COMPANY, LLC, Debtor.

United States District Court, D. South Dakota, Northern Division.

May 17, 2007.

Attorney(s) appearing for the Case

Courtney R. Clayborne, Clayborne, Loos, Strommen & Gusinsky, LLP, Rapid City, SD, Jerrold L. Strasheim, Baird Holm Law Firm, LLP, Omaha, NE, for Appellant.

Clair R. Gerry, Stuart, Gerry & Schlimgen, Scott M. Perrenoud, Cadwell, Sanford, Deibert & Garry, LLP, Patrick T. Dougherty, Dougherty & Dougherty, James C. Robbennolt, James Robbennolt Law Office, PC, Sioux Falls, SD, Michael F. Marlow, Johnson, Miner, Marlow, Woodward & Huff, Prof. LLC, Yankton, SD, Frank S. Mitvalsky, Jeffrey B. Moorhouse, Califf & Harper, PC, Moline, IL, for Appellee.

ORDER AND OPINION

KORNMANN, District Judge.

[¶ 1] The bankruptcy case of Tri-State Ethanol Company, LLC ("TSE"), debtor and the owner of a then defunct ethanol plant in South Dakota, has been ongoing since May of 2003. There are at least eleven matters pending on appeal. Ten appeals are brought by Tri-State Financial, LLC ("TSF"). Some of the orders may well be interlocutory and not appealable as a matter of...

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