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IN RE SKUNA RIVER LUMBER, LLC

No. 08-60185.

564 F.3d 353 (2009)

In the matter of: SKUNA RIVER LUMBER, LLC, Debtor. Borrego Springs Bank, N.A., Appellant, v. Skuna River Lumber, L.L.C., Appellee.

United States Court of Appeals, Fifth Circuit.

March 25, 2009.

Attorney(s) appearing for the Case

Stephen Land McDavid (argued), Harris, Shelton, Hanover, Walsh, PLLC, Oxford, MS, Diala Husni Chaney, Wells, Marble & Hurst, Ridgeland, MS, for Appellant.

Craig M. Geno (argued), Melanie T. Vardaman, Harris, Jernigan & Geno, Ridgeland, MS, for Appellee.

Before GARWOOD, GARZA and OWEN, Circuit Judges.

GARWOOD, Circuit Judge:

Borrego Springs Bank, N.A. (Borrego) appeals the district court's judgment upholding the bankruptcy court's order surcharging and imposing a judicial lien on property that Borrego had previously purchased at a bankruptcy court ordered auction sale by a credit bid from the bankruptcy estate of its debtor, appellee Skuna River Lumber, L.L.C. (Skuna). In addition to affirming the surcharge and the imposition of the lien, the district court expressly...

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