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IN RE NORTH STAR MANAGEMENT, LP

No. 03-6082ND.

308 B.R. 906 (2004)

In re NORTH STAR MANAGEMENT, LP; North Star Management, LLP, Debtors. Michael J. Farrell, Chapter 7 Trustee, Plaintiff-Appellee, v. American Executive Management, Inc., Defendant-Appellant, Countryside Partners, LLC, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed May 4, 2004.

Attorney(s) appearing for the Case

David L. Johnson, McNair & Larson, Fargo, ND, for Plaintiff-Appellee.

Lowell Philip Bottrell, Kyle L. Carlson, Anderson & Bottrell, Fargo, ND, for Cross Defendant-Appellees.

Before KRESSEL, Chief Judge, DREHER, and MAHONEY, Bankruptcy Judges.

KRESSEL, Chief Judge.

American Executive Management appeals from an order of the bankruptcy court granting judgment to the trustee. We reverse.

BACKGROUND

The debtors owned and operated a hotel in Bismarck, North Dakota. On February 14, 2001, the debtors filed for bankruptcy relief under Chapter 11. On March 21, 2001, the debtors moved the bankruptcy court to employ American Executive Management, a hotel management company, to manage the hotel. On...

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