Mary Zegeer v. President Casinos, Inc., No. 10-2325 (8th Cir. 2010)

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Court Description: Civil case - Bankruptcy. District court's affirmance of the bankruptcy court's order confirming the plan of liquidation for President Casinos is affirmed without comment.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-2325 ___________ In re: President Casinos, Inc. * * Debtor, * ---------------------------------------* * Appeal from the United States Mary Zegeer, * District Court for the * Eastern District of Missouri. Appellant, * * [UNPUBLISHED] v. * * President Casinos, Inc., * * Appellee. * ___________ Submitted: November 3, 2010 Filed: November 5, 2010 ___________ Before LOKEN, MURPHY, and BENTON, Circuit Judges. ___________ PER CURIAM. Mary Zegeer appeals the district court s1 affirmance of the bankruptcy court s2 order confirming the plan of liquidation for President Casinos, Inc. Following careful 1 The Honorable Catherine D. Perry, Chief Judge, United States District Court for the Eastern District of Missouri. 2 The Honorable Kathy A. Surratt-States, United States Bankruptcy Judge for the Eastern District of Missouri. de novo review, see In re Reynolds, 425 F.3d 526, 531 (8th Cir. 2005), we agree with the district court that Zegeer s appeal was equitably moot: the plan has been substantially consummated; Zegeer did not seek a stay; the relief requested would negatively affect the rights of parties not before the court and the success of the plan; and public policy weighs in favor of mootness. See In re Williams, 256 B.R. 885, 896 (B.A.P. 8th Cir. 2001) (factors considered in determining equitable mootness). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-

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