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IN RE FARMLAND INDUSTRIES, INC.

No. 09-3049.

639 F.3d 402 (2011)

In re FARMLAND INDUSTRIES, INC., Debtor. GAF Holdings, LLC, Appellant, v. Philip Rinaldi; Stanley Riemann, Appellees, Black Diamond Capital Management, LLC, Robert Terry; Pegasus Capital Partners, L.P.; Pegasus Investors II, L.P.; Pegasus Capital Partners, L.P.; J.P. Morgan Trust Company, National Association, in its capacity as Trustee of the FI Liquidating Trust, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 4, 2011.

Attorney(s) appearing for the Case

Norman Anthony Abood , argued, Toledo, OH, for appellant.

Martin J. Bienenstock , argued, Judy G.Z. Liu , Richard W. Reinthaler , on the brief, New York, NY, for Appellees Philip Rinaldi, Pegasus Investors II and Pegasus Capital Partners.

Stephen Phillip Dees , argued, Kansas City, MO, for Appellee Robert Terry.

David B. Goroff , argued, Michael J. Small , William J. Mckenna , Katherine E. Licup , on the brief, Chicago IL, for Appellee J.P. Morgan Trust Company.

Lawrence A. Rouse , Bryan T. White , on the brief, Kansas City, MO, for Appellee Stanley Riemann.

Before WOLLMAN, BYE, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

GAF Holdings, LLC, appeals the decision of the United States Bankruptcy Appellate Panel for the Eighth Circuit (BAP) affirming the bankruptcy court's1 order dismissing its complaint against Philip Rinaldi; Stanley Riemann; Robert Terry; Pegasus Partners II, L.P.; Pegasus Investors II, L.P.; Pegasus Capital Partners, L.P.; and J.P. Morgan Trust Company, National Association in its capacity as Trustee of the FI Liquidating...

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