Filed: Oct. 26, 1999
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-1443 In Re: CENTRAL WEST VIRGINIA DEVELOPMENT CORPORATION, Petitioner. _ CENTRAL WEST VIRGINIA DEVELOPMENT CORPORATION, Plaintiff - Appellant, versus LLOYD B. FRY, Defendant - Appellee, and UNITED STATES TRUSTEE; ERROL R. KOHOUN; PAMELA L. KOHOUN, Parties in Interest. Appeal from the United States District Court for the Northern Dis- trict of West Virginia, at Clarksburg. Robert Earl Maxwell, Senior District Judge. (CA-97-1
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-1443 In Re: CENTRAL WEST VIRGINIA DEVELOPMENT CORPORATION, Petitioner. _ CENTRAL WEST VIRGINIA DEVELOPMENT CORPORATION, Plaintiff - Appellant, versus LLOYD B. FRY, Defendant - Appellee, and UNITED STATES TRUSTEE; ERROL R. KOHOUN; PAMELA L. KOHOUN, Parties in Interest. Appeal from the United States District Court for the Northern Dis- trict of West Virginia, at Clarksburg. Robert Earl Maxwell, Senior District Judge. (CA-97-18..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-1443
In Re: CENTRAL WEST VIRGINIA DEVELOPMENT
CORPORATION,
Petitioner.
_________________________
CENTRAL WEST VIRGINIA DEVELOPMENT CORPORATION,
Plaintiff - Appellant,
versus
LLOYD B. FRY,
Defendant - Appellee,
and
UNITED STATES TRUSTEE; ERROL R. KOHOUN; PAMELA
L. KOHOUN,
Parties in Interest.
Appeal from the United States District Court for the Northern Dis-
trict of West Virginia, at Clarksburg. Robert Earl Maxwell, Senior
District Judge. (CA-97-181-1, BK-97-11776)
Submitted: October 21, 1999 Decided: October 26, 1999
Before WIDENER and TRAXLER, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
David Anthony Glance, Fairmont, West Virginia, for Appellant.
Jeffrey Alan Kimble, ROBINSON & MCELWEE, Clarksburg, West Virginia;
Michael Anthony Staudt, Sidney, Ohio, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Central West Virginia Development Corporation (CWVDC) appeals
from the district court’s order dismissing as moot its appeal from
the bankruptcy court’s order dismissing its petition under Chapter
11 of the bankruptcy code. Because the sole asset owned by CWVDC
has been transferred to Fry and CWVDC has failed to obtain a stay
pending appeal, we grant Fry’s motion to dismiss the appeal as
moot. See 11 U.S.C. § 363(m) (1994); Willemain v. Kivitz,
764 F.2d
1019, 1021-24 (4th Cir. 1985) (holding that sale of property to
secured creditor while appeal was pending rendered appeal moot);
see also In re Stadium Management Corp.,
895 F.2d 845, 847 (1st
Cir. 1990) (“absent a stay, the court must dismiss a pending appeal
as moot because the court has no remedy that it can fashion even if
it would have determined the issues differently.”). We deny
CWVDC’s motion to strike Fry’s motion to dismiss the appeal and
grant Fry’s motion to dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before the court and argument would not aid in the decisional
process.
DISMISSED
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