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IN RE LEWIS AND CLARK APARTMENTS, LP

No. 12-6023.

479 B.R. 47 (2012)

In re LEWIS AND CLARK APARTMENTS, LP, Debtor. U.S. Bank National Association, Creditor-Appellant v. Lewis and Clark Apartments, LP, Debtor-Appellee.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Decided: October 11, 2012.

Attorney(s) appearing for the Case

Mark V. Bossi , St. Louis, MO, Allison E. Graves , St. Louis, MO, on brief, for Appellant.

Nicholas A. Franke , St. Louis, MO, for Appellee.

Matthew S. Layfield , St. Louis, MO, Sherry K. Dreisewered , St. Louis, MO, on brief, for BankLiberty.

Before KRESSEL, Chief Judge, FEDERMAN and NAIL, Bankruptcy Judges.

FEDERMAN, Bankruptcy Judge.

U.S. Bank National Association ("U.S. Bank") appeals from an Order granting the motion of Debtor Lewis and Clark Apartments, LP to value U.S. Bank's allowed secured claim pursuant to § 506(a) of the Bankruptcy Code, and valuing the claim at $3,500,000. There are two issues before us. The first is whether the valuation Order by itself can be the subject of this appeal. We hold that the Order is not final but that U.S. Bank's alternative...

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