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IN RE RACING SERVICES, INC.

Nos. 07-6058, 07-6059.

386 B.R. 751 (2008)

In re RACING SERVICES, INC., Debtor. Kip Kaler, as Bankruptcy Trustee for Racing Services, Inc., and the State of North Dakota, et al., Appellants, v. Susan Bala, Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: April 25, 2008.

Attorney(s) appearing for the Case

Kip Kaler, Fargo, North Dakota, Roger J. Minch, Fargo, North Dakota, for appellants.

Katrina Turman, Fargo, North Dakota, for Appellee.

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

McDONALD, Bankruptcy Judge.

Kip Kaler, Chapter 7 Trustee for the estate of Racing Services, Inc. ("Trustee"), and the State of North Dakota et al. ("North Dakota") appeal from an order of the bankruptcy court1 that granted a motion to vacate part of an order that equitably subordinated the claims of Susan Bala ("Bala"). We have jurisdiction over this appeal pursuant to 28 U.S.C. § 158(b). For the reasons set forth below, we affirm...

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