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IN RE U.S. MEDICAL, INC.

No. 07-1259.

531 F.3d 1272 (2008)

In re U.S. MEDICAL, INC., Debtor. Glen R. Anstine, Plaintiff-Appellant, v. Carl Zeiss Meditec AG, formerly known as Ascelepion-Meditec AG, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 15, 2008.

Attorney(s) appearing for the Case

Philip A. Pearlman, Pearlman & Dalton, P.C., Denver, CO, for Plaintiff-Appellant.

Mark Bell, Hatch Jacobs LLC, Denver, CO, for Defendant-Appellee.

Before KELLY and TYMKOVICH, Circuit Judges, and FRIZZELL, District Judge.

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant and Trustee Glen R. Anstine appeals from the judgment of the bankruptcy appellate panel ("BAP"). The BAP determined that Defendant-Appellee Carl Zeiss Meditec AG ("Creditor") was not a "non-statutory insider" of Debtor U.S. Medical, Inc. ("Debtor") for the purposes of 11 U.S.C. § 547(b)(4)(B). The BAP reversed the judgment of the bankruptcy court. The bankruptcy court...

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