In the Matter of: DANIS R. TUCKER, d/b/a Ralph’s Foods Company v. MARY ALICE GARAY, MICHAEL BOUDLOCHE, Trustee

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41269
In the Matter of: DANIS R. TUCKER, d/b/a
Ralph’s Foods Company,
Debtor,
* * * * *
TYLER TUCKER,
Appellant,
VERSUS
MICHAEL BOUDLOCHE,
Appellee,
* * * * * *
In the Matter of: DANIS R. TUCKER, d/b/a
Ralph’s Foods Company,
Debtor,
* * * * * *
HELEN TUCKER, TYLER TUCKER, NEVADA SPICE DISTRIBUTING
CORPORATION,
Appellants,
v.
MARY ALICE GARAY, MICHAEL BOUDLOCHE, Trustee,
Appellees.
Appeal from the United States District Court
for the Southern District of Texas
(C-97-CV-306)
March 3, 2000

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*Circuit Judge of the Ninth Circuit, sitting by designation.
**Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
2
Before DAVIS, HALL* and SMITH, Circuit Judges.
PER CURIAM:**
After considering the record, the briefs and argument of
counsel, we are persuaded 11 U.S.C. § 363(m) controls this appeal
and that it is moot. The only ruling appellants sought in the
bankruptcy court and the district court was a determination that
they owned the vehicles in question. Because the vehicles have
been sold at public auction to a good faith purchaser, we are
unable to grant that relief. The appellant did not seek any other
remedies in the bankruptcy court or the district court and we will
not consider arguments made for the first time on appeal.
AFFIRMED.

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