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IN RE NEW TOWN MALL

Bankruptcy No. 481-00219.

17 B.R. 326 (1982)

In re NEW TOWN MALL, a partnership, Debtor.

United States Bankruptcy Court, D. South Dakota.

January 29, 1982.

Attorney(s) appearing for the Case

Vance R. Goldammer, Boyce, Murphy, McDowell & Greenfield, Sioux Falls, S.D., Paul J. Scheerer, Dorsey, Windhorst, Hannaford, Whitney & Halladay, Minneapolis, Minn., for National Bank of South Dakota.

John C. Quaintance, Quaintance & Swanson, Sioux Falls, S.D., for Mutual Benefit Life Insurance Co.

David O. Carter, Swanson & Carter, Sioux Falls, S.D., T. Jay Salmen, St. Paul, Minn., for debtor.

Jon Arneson, Sioux Falls, S.D., Allen I. Saeks, Minneapolis, Minn., for Unsecured Creditors Committee.

Edward J. Leahy, May, Johnson, Doyle & Becker, P.C., Sioux Falls, S.D., for Marine Midland Realty Credit Corp.

MEMORANDUM DECISION

FINDINGS OF FACT

PEDER K. ECKER, Bankruptcy Judge.

On August 28, 1981, New Town Mall, hereinafter Debtor, filed a Chapter 11 voluntary petition.

National Bank of South Dakota, hereinafter National Bank, a creditor holding both secured and unsecured claims in the approximate sum of 1.3 million dollars, filed an Application for an Order Maintaining the Status Quo. National Bank seeks to prevent the expiration of a Mortgage...

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