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David S. Lynd v. Charles W. Ries, 13-2127 (2013)

Court: Court of Appeals for the Eighth Circuit Number: 13-2127 Visitors: 18
Filed: Dec. 30, 2013
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 13-2127 _ In re: Genmar Holdings, Inc. lllllllllllllllllllllDebtor - David Scot Lynd lllllllllllllllllllllAppellant v. Charles W. Ries lllllllllllllllllllllAppellee _ Appeal from the United States Bankruptcy Appellate Panel for the Eighth Circuit _ Submitted: December 26, 2013 Filed: December 30, 2013 [Unpublished] _ Before WOLLMAN, BYE, and KELLY, Circuit Judges. _ PER CURIAM. David Lynd appeals the decision of the Bankruptcy Appella
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              United States Court of Appeals
                         For the Eighth Circuit
                     ___________________________

                             No. 13-2127
                     ___________________________

                       In re: Genmar Holdings, Inc.

                           lllllllllllllllllllllDebtor

                         ------------------------------

                             David Scot Lynd

                         lllllllllllllllllllllAppellant

                                       v.

                              Charles W. Ries

                          lllllllllllllllllllllAppellee
                                ____________

                 Appeal from the United States Bankruptcy
                   Appellate Panel for the Eighth Circuit
                              ____________

                      Submitted: December 26, 2013
                        Filed: December 30, 2013
                              [Unpublished]
                              ____________

Before WOLLMAN, BYE, and KELLY, Circuit Judges.
                          ____________

PER CURIAM.
       David Lynd appeals the decision of the Bankruptcy Appellate Panel (BAP)
affirming the bankruptcy court’s1 order denying Lynd’s motion for reconsideration of
his “restitution claim” against Wood Manufacturing Company, Inc. Having carefully
reviewed the record and the parties’ arguments on appeal, we agree with the BAP’s
decision and find no basis to set aside the bankruptcy court’s order. See In re Ungar,
633 F.3d 675
, 678-79 (8th Cir. 2011) (this court applies same standards as BAP,
reviewing bankruptcy court’s factual findings for clear error, and its legal
determinations de novo). Accordingly, we affirm. See 8th Cir. R. 47B.
                         ______________________________




      1
        The Honorable Dennis D. O’Brien, United States Bankruptcy Judge for the
District of Minnesota, now retired.


                                         -2-

Source:  CourtListener

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