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IN RE SUNSET SALES, INC.

BAP No. WO-97-100, Bankruptcy No. 92-16745-BH, Adversary No. 95-1012-BH.

220 B.R. 1005 (1998)

IN RE SUNSET SALES, INC., doing business as K & R Coal Company, doing business as Sans Bois Coal Company, Reorganized Debtor. David R. PAYNE, Liquidating Trustee, Plaintiff-Appellee, v. CLARENDON NATIONAL INSURANCE COMPANY, U.S. Capital Insurance Company, and Van American Insurance Company, Defendants-Third-Party Plaintiffs-Counter-Defendants-Appellants, Delta Contracting, Inc., and Roger Dahlgren, Defendants-Third-Party Defendants, First National Bank Of Edmond, Defendant-Third-Party Defendant-Counter-Claimant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

June 4, 1998.

Attorney(s) appearing for the Case

Submitted on the briefs:*

G. Patrick Garrett, Oklahoma City, OK, for Defendants-Appellants.

Lyle Stewart Vaughn and Karen Eby of Lyle S. Vaughn, P.C., Oklahoma City, OK, for Plaintiff-Appellee.

Before McFEELEY, Chief Judge, and PEARSON, and BOULDEN, Bankruptcy Judges.

OPINION

BOULDEN, Bankruptcy Judge.

Clarendon National Insurance Company (Clarendon), U.S. Capital Insurance Company (U.S. Capital), and Van-American Insurance Company (Van-American) (collectively, the Appellants), appeal a judgment of the United States Bankruptcy Court for the Western District of Oklahoma in favor of David Payne, Liquidating Trustee (Trustee) for the estate of Sunset Sales, Inc., the reorganized Chapter 11 debtor (Debtor). The bankruptcy...

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