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IN RE ALPHA & OMEGA REALTY, INC.

Bankruptcy No. 81-02109.

36 B.R. 416 (1984)

In re ALPHA & OMEGA REALTY, INC., Debtor.

United States Bankruptcy Court, D. Idaho.

January 27, 1984.

Attorney(s) appearing for the Case

James S. Underwood, Jr., of Underwood & Petersen, Boise, Idaho, for trustee.

Larry E. Prince of Langroise, Sullivan & Smylie, Boise, Idaho, for creditors Papé.

Paul E. Levy, Boise, Idaho, for creditor Branson.

MEMORANDUM DECISION AND ORDER

M.S. YOUNG, Bankruptcy Judge.

Trustee of the debtor corporation has moved for "substantive consolidation." Though raised under Bankruptcy Rule 9014, concerning "contested matters," this motion is necessarily predicated upon Bankruptcy Rule 1015(b) which provides as follows:

"If a joint petition or two or more petitions are pending in the same court by or against (1) a husband and wife, or (2) a partnership and one or...

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