Great Plains Gasification Associates, A Partnership, Transco Coal Gas Company, A Partner Other Than The Tax Matters Partner - Page 41

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               On March 11, 1987, the Eighth Circuit issued its opinion in            
          United States v. Great Plains Gasification Associates, 813 F.2d             
          193 (8th Cir. 1987).  The Court of Appeals affirmed the judgment            
          of the District Court, though on different grounds, holding that            
          the North Dakota redemption statute did not apply to the                    
          foreclosure of a loan, such as the FFB loan, that was guaranteed            
          pursuant to the Federal Nonnuclear Research and Development Act             
          of 1974.21  In so doing, however, the Court of Appeals confirmed            
          the nature of the redemption rights that North Dakota law would             
          otherwise afford, stating:                                                  
                    Were we to reverse the district court and look to                 
               North Dakota law for our rule of decision Great Plains                 
               would have the right to redeem at any time up to one                   
               year after judicial sale.  N.D. Cent. Code � 32-19-18                  
               (1976).  During this period Great Plains would be                      
               entitled to the possession, rents, use, and benefit of                 
               the plant.  N.D. Cent. Code � 28-24-11 (1974).  * * *                  
               [United States v. Great Plains Gasification Associates,                
               supra at 195.]                                                         
          The Court of Appeals did not question ANR’s standing to pursue              
          the litigation as a partner of the partnership.                             
               Petition for Writ of Certiorari                                        
               On July 15, 1987, ANR, as a general partner of Great Plains            
          Gasification Associates, filed a timely petition for a writ of              
          certiorari with the U.S. Supreme Court, seeking review of the               
          judgment of the Eighth Circuit.  The petition, filed by a legal             

               21 The Court of Appeals for the Eighth Circuit held further            
          that the District Court did not err in refusing to grant the                
          partnership an equitable right of redemption.                               





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