City of Sioux City v. Midland Marina, Inc. , 22 F. App'x 680 ( 2001 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 01-2058
___________
In re: Midland Marina, Inc., *
*
Debtor *
------------------------------------------------ *
*
City of Sioux City, Iowa, *
* Appeal from the United States
Appellant, * Bankruptcy Appellate Panel
* for the Eighth Circuit
v. *
* [UNPUBLISHED]
Midland Marina, Inc., *
*
Appellee. *
*
Barbara Stuart, U.S. Trustee. *
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Submitted: November 15, 2001
Filed: December 5, 2001
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Before BYE and BEAM, Circuit Judges, and GOLDBERG,1 Judge.
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PER CURIAM.
1
The Honorable Richard W. Goldberg, Judge, United States Court of
International Trade, sitting by designation.
The City of Sioux City, Iowa appeals from a decision of the Eighth Circuit
Bankruptcy Appellate Panel (BAP) affirming the bankruptcy court's2 dismissal of
Midland Marina, Inc.'s Chapter 11 bankruptcy. Sioux City also appeals the BAP's
determination that the dismissal rendered moot Sioux City's pending appeal, in which
the City challenged the bankruptcy court's failure to have Midland Marina
immediately surrender certain nonresidential property under 11 U.S.C. § 365(d)(4).
We agree with the reasoning expressed in the BAP's published decision, City
of Sioux City v. Midland Marina, Inc. (In re Midland Marina, Inc.), 259 B.R. 683
(B.A.P. 8th Cir. 2001), and affirm under 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
2
The Honorable William L. Edmonds, United States Bankruptcy Judge for the
Northern District of Iowa.
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