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

Citation: 140 F. App'x 918Docket: 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

Court: Court of Appeals for the Eleventh Circuit; July 28, 2005; Federal Appellate Court

Narrative Opinion Summary

Moose Mountain Toy-makers, Ltd. and Moose Mountain Marketing, Inc. (collectively referred to as Moose Mountain) appealed a district court order that affirmed the bankruptcy court's judgment. The bankruptcy court had previously dismissed Moose Mountain's counterclaim and cross-claim, citing a lack of standing to challenge the Asset Purchase Agreement terms. The district court's agreement with the bankruptcy court's ruling was upheld, referencing the precedent set in *In Re Westwood Community Two Association*, 293 F.3d 1332, 1334-35 (11th Cir. 2002). As a result, the order affirming the bankruptcy court's judgment was confirmed.

Legal Issues Addressed

Affirmation of Bankruptcy Court Judgment

Application: The district court's decision to affirm the bankruptcy court's judgment was based on established precedent, thereby upholding the original dismissal of Moose Mountain's claims.

Reasoning: The district court's agreement with the bankruptcy court's ruling was upheld, referencing the precedent set in *In Re Westwood Community Two Association*, 293 F.3d 1332, 1334-35 (11th Cir. 2002).

Standing to Challenge Asset Purchase Agreement

Application: The court determined that Moose Mountain lacked the necessary standing to challenge the terms of the Asset Purchase Agreement.

Reasoning: The bankruptcy court had previously dismissed Moose Mountain's counterclaim and cross-claim, citing a lack of standing to challenge the Asset Purchase Agreement terms.