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IN RE DON/MARK PARTNERSHIP

Civ. A. No. 81-K-1375, No. 81 MC 0734.

14 B.R. 830 (1981)

In Re DON/MARK PARTNERSHIP, a general partnership, Debtor. DON/MARK PARTNERSHIP, a general partnership, v. JAMES B. NUTTER AND COMPANY, William H. Lee and Elizabeth B. Lee, Earl Fraser, Bank of Applewood, a Colorado banking corporation, Defendants.

United States District Court, D. Colorado.

October 8, 1981.

Attorney(s) appearing for the Case

Paul D. Rubner, Denver, Colo., for Don/Mark Partnership, a general partnership.

Holly E. Rebstock, Denver, Colo., for James B. Nutter and Co.

Fotios M. Burtzos, Denver, Colo., for William M. Lee and Elizabeth B. Lee.

Hyman A. Coggan, Denver, Colo., for Earl Fraser.

William G. Ross, Denver, Colo., for Bank of Applewood, a Colorado banking corporation.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

Debtor filed this Chapter XI bankruptcy proceeding on August 19, 1980. The dispute in this case centers on a house on West Dixie Place in Denver. On August 27, 1980 Bankruptcy Judge John F. McGrath authorized the debtor to sell this house, with the proceeds to be held in escrow. Upon a title search, the debtor discovered that the house was encumbered by several judgment liens filed after August 19, 1980...

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