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IN RE BATE LAND & TIMBER LLC

No. 16-2037.

877 F.3d 188 (2017)

IN RE: BATE LAND & TIMBER LLC, Debtor, Bate Land Company LP, Creditor-Appellant, v. Bate Land & Timber LLC, Debtor-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 6, 2017.

Attorney(s) appearing for the Case

ARGUED: Matthew Nis Leerberg , SMITH MOORE LEATHERWOOD LLP, Raleigh, North Carolina; Laurie Beth Biggs , STUBBS & PERDUE, PA, Raleigh, North Carolina, for Appellant. George Mason Oliver , THE LAW OFFICES OF OLIVER & CHEEK, P.A., New Bern, North Carolina, for Appellee. ON BRIEF: Kip D. Nelson , SMITH MOORE LEATHERWOOD LLP, Raleigh, North Carolina; Trawick H. Stubbs, Jr. , Joseph Z. Frost , STUBBS & PERDUE, PA, Raleigh, North Carolina, for Appellant. Amy M. Currin , THE LAW OFFICES OF OLIVER & CHEEK, P.A., New Bern, North Carolina; Mark R. Sigmon , SIGMON LAW, PLLC, Raleigh, North Carolina, for Appellee.

District court dismissal reversed; bankruptcy court judgment affirmed by published opinion. Judge Duncan wrote the opinion, in which Judge Niemeyer and Judge Floyd joined.

Bate Land Company LLC ("BLC") challenges the district court's dismissal of BLC's appeal of the bankruptcy court's confirmed reorganization plan (the "Confirmed Plan") for Bate Land & Timber LP (the "Debtor"). In addition to appealing the district court's conclusion that the appeal was equitably moot, BLC further urges...

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