Alpha International, Inc. v. Toys "R" Us, Inc. (In re Empire of Carolina, Inc.)

Eleventh Circuit

Alpha International, Inc. v. Toys "R" Us, Inc. (In re Empire of Carolina, Inc.)

140 F. App'x 918

Court of Appeals for the Eleventh Circuit·Decided July 28, 2005·No. Nos. 04-16476, 04-16477, 04-16478; D.C. Docket Nos. 04-80230-CV-KLR, 04-80633-CV-KLR, 03-80960-CV-KLR & 00-35179-BKC-PG·Published

Opinion

Non-Argument Calendar

PER CURIAM.

Toys “R” Us, Inc., Moose Mountain Toy-makers, Ltd., and Moose Mountain Marketing, Inc. (“Moose Mountain”) appeal the order of the district court affirming the judgment of the bankruptcy court in three related appeals (that we have consolidated) on the ground that the bankruptcy court erred in dismissing their counterclaim and cross-claim for lack of standing to challenge the terms of the Asset Purchase Agreement. Because we agree with the district court that Moose Mountain lacked standing to challenge the terms of the Asset Purchase Agreement in the adversary proceeding before the bankruptcy court, see In Re Westwood Cmty. Two Ass’n, 293 F.3d 1332, 1334-35 (11th Cir.2002), the order affirming the judgment of the bankruptcy court is,

AFFIRMED.

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Non-Argument Calendar

PER CURIAM.

Toys “R” Us, Inc., Moose Mountain Toy-makers, Ltd., and Moose Mountain Marketing, Inc. (“Moose Mountain”) appeal the order of the district court affirming the judgment of the bankruptcy court in three related appeals (that we have consolidated) on the ground that the bankruptcy court erred in dismissing their counterclaim and cross-claim for lack of standing to challenge the terms of the Asset Purchase Agreement. Because we agree with the district court that Moose Mountain lacked standing to challenge the terms of the Asset Purchase Agreement in the adversary proceeding before the bankruptcy court, see In Re Westwood Cmty. Two Ass’n, 293 F.3d 1332, 1334-35 (11th Cir.2002), the order affirming the judgment of the bankruptcy court is,

AFFIRMED.

Alpha International, Inc. v. Toys "R" Us, Inc. (In re Empire of Carolina, Inc.), 140 F. App'x 918 (11th Cir. 2005).

Pincite

140 F. App'x 918 (Alpha International, Inc. v. Toys "R" Us, Inc. (In re Empire of Carolina, Inc.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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