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IN RE SKYLINE WOODS COUNTRY CLUB

No. 10-2618.

636 F.3d 467 (2011)

In re SKYLINE WOODS COUNTRY CLUB, Debtor. Mid-City Bank, et al., Appellants, v. Skyline Woods Homeowners Association, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 22, 2011.

Attorney(s) appearing for the Case

Robert Frederick Craig , argued, Anna M. Bednar , on the brief, Omaha, NE, for appellants.

Michael Thomas Eversden , argued, Robert J. Bothe , on the brief, Omaha, NE, for appellees.

Before LOKEN, ARNOLD, and BYE, Circuit Judges.

LOKEN, Circuit Judge.

If so authorized, the purchaser of real property from a bankruptcy estate acquires title to the land "free and clear of any interest" identified in 11 U.S.C. § 363(f). After an affiliate of Liberty Building Corporation ("Liberty") purchased the Skyline Woods Golf Course in Douglas County, Nebraska, from the estate of a Chapter 11 debtor, residents of the surrounding planned community sued the purchasers to enforce express and implied restrictive...

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