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IN RE OLD COLD LLC

Nos. 16-9012, 16-9015.

879 F.3d 376 (2018)

IN RE: OLD COLD LLC, f/k/a Tempnology, LLC, Debtor. Mission Product Holdings, Inc., Appellant/Cross-Appellee, v. Old Cold LLC, f/k/a Tempnology, LLC and Schleicher and Stebbins Hotels LLC, Appellees/Cross-Appellants.

United States Court of Appeals, First Circuit.

January 12, 2018.

Attorney(s) appearing for the Case

Robert J. Keach , Portland, ME, with whom Lindsay K.Z. Milne and Bernstein, Shur, Sawyer & Nelson, P.A. were on brief, for appellant/cross-appellee.

Christoper M. Desiderio , with whom Daniel W. Sklar and Nixon Peabody LLP, Manchester, NH, were on brief, for appellee/cross-appellant Old Cold LLC.

Christoper M. Candon , with whom Sheehan Phinney Bass & Green PA was on brief, for appellee/cross-appellant Schleicher & Stebbins Hotels LLC.

Before Torruella, Lynch, and Kayatta, Circuit Judges.

Chapter 11 debtor Tempnology, LLC ("Debtor") auctioned off its assets pursuant to section 363 of the Bankruptcy Code. Schleicher and Stebbins Hotels LLC ("S & S") was declared the winning bidder over Mission Product Holdings, Inc. ("Mission"). With the bankruptcy court's approval, Debtor and S & S completed the sale...

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