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The court reasoned that GAF was not aggrieved by the defendants' allegedly tortious conduct because GAF had failed to establish that it had a reasonable expectation of being the winning bidder for the Coffeyville Assets absent the defendants' alleged misconduct. On December 5, 2007, the BAP held sua sponte that the bankruptcy court lacked subject matter jurisdiction over GAF's complaint and remanded the matter to the bankruptcy court with instructions to dismiss. The Liquidating Trustee is entitled to pursue, control, and distribute to the farmer member owner[s] those monies recovered from the Acting Defendants for the wrongs committed. In re Dow Corning Corp., 86 F.3d 482 (6th Cir.1996), involved personal injury claims against Dow Corning, a debtor in Chapter 11 bankruptcy, and other defendants.

The out-feed Rollers will move all the way towards the machine to start. One on top has a strip of metal that goes between a c shaped proximity switch.

Discovery on the jurisdictional issues is being completed to determine if this matter qualifies as a qui tam, or class, action. Price is claiming an under measurement of gas and Btu volumes throughout the country. 03C23, relating to certain matters previously removed from the foregoing action. Price’s claims are without merit and intends to vigorously contest the allegations in this case. The complaint claims that the defendants violated the Kansas Restraint of Trade Act by reporting allegedly “misleading or knowingly inaccurate reports concerning trade information” to trade publications that compile and publish indices of natural gas prices for natural gas trading hubs throughout the United States.

The cases have been consolidated to the United States District Court for the District of Wyoming. Gas Pipelines, Western Gas Resources, Inc., et al., District Court, Stevens County, Kansas, Case No. Western is a defendant in litigation filed on September 23, 1999, along with numerous other natural gas companies, in which Mr. et al., District Court, Stevens County, Kansas, Case No. Morgan Trust Company, National Association, in its Capacity as Trustee of the FI Liquidating Trust v. et al., United States District Court, for the District of Kansas, Case No. On October 17, 2005, the plaintiff, in its capacity as the liquidating trustee of the successor in interest to Farmland Industries, Inc., filed an amended complaint joining the Company and other defendants to this action.

In our opinion, the Court is free to differ, the trustee is free to differ, but in our opinion, that increased prices that we bid should have gone to the estate. Because GAF's claims do not invoke a substantive right provided by the Bankruptcy Code, the bankruptcy court did not possess "arising under" jurisdiction over GAF's complaint. GAF's tort claims do not fit into the narrow category of administrative matters which "have no existence outside of the bankruptcy," In re Wood, 825 F.2d at 97, or "could only arise in the context of a bankruptcy," Stoe, 436 F.3d at 218.