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IN RE TRI-VALLEY DISTRIBUTING, INC.

Nos. 06-4279, 06-4280.

533 F.3d 1209 (2008)

In re TRI-VALLEY DISTRIBUTING, INC., Cook Oil Co., Snobird, Inc., Debtors. D. Ray Strong, as Examiner for Tri-Valley Distributing, Inc.; Official Committee of Unsecured Creditors, Plaintiffs-Appellees/Cross-Appellants, v. Western United Life Assurance Co., a Washington corporation, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

July 15, 2008.

Attorney(s) appearing for the Case

Jeffrey Weston Shields, Jones Waldo Holbrook & McDonough, PC, Salt Lake City, UT, and Peter W. Billings, Fabian & Clendenin, Salt Lake City, UT (Jerome Romero, Candice Pitcher, and Troy J. Aramburu, Jones Waldo Holbrook & McDonough, PC, Salt Lake City, UT; and Douglas J. Payne, Fabian & Clendenin, Salt Lake City, UT, with them on the briefs), appearing for Appellants/Cross-Appellees.

Kenneth L. Cannon, II, Durham Jones & Pinegar, Salt Lake City, UT (Penrod W. Keith, Durham Jones & Pinegar, Salt Lake City, UT; Weston L. Harris and George B. Hofmann, Parson Kinghorn Harris, Salt Lake City, UT, with him on the briefs), appearing for Appellees/Cross-Appellants.

Before HENRY, Chief Circuit Judge, TACHA, and BRISCOE, Circuit Judges.

PER CURIAM.

In this bankruptcy adversary proceeding, the bankruptcy court granted in part and denied in part Western United Life Assurance's ("WULA") motion to dismiss claims asserted against it by Tri-Valley Distributing, Inc. ("Tri-Valley"), Cook Oil Company, Snobird, Inc., and the Official Committee of Unsecured Creditors (collectively, "Debtors"). The Bankruptcy Appellate Panel ("BAP") affirmed. On appeal, WULA contends that the bankruptcy court erred in refusing...

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