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IN RE GREAT PLAINS WESTERN RANCH CO., INC.

Bankruptcy Nos. LA 82-17264-JA, LA 82-17252-JA, Adv. Nos. LA 83-0170-JA, LA 83-0381-JA.

38 B.R. 899 (1984)

In re GREAT PLAINS WESTERN RANCH COMPANY, INC., Debtor and Debtor-in-Possession. C.R. LOUP, Sheldon M. Neider, S.M. Neider & Associates, Inc., L & N Farm and Cattle Company, and Mack Baughman, Plaintiffs/Counter-Defendants, v. GREAT PLAINS WESTERN RANCH COMPANY, INC., Defendant/Counter-Claimant. In re GREAT PLAINS WESTERN CORPORATION, a California corporation, Debtor and Debtor-in-Possession, WILSON COUNTY LAND COMPANY #1, a Texas limited partnership, by Wayne L. HILL, its General Partner; and Wilson County Land Company #2, a Texas limited partnership, by Hill & Company, Inc., its General Partner, Plaintiffs, v. GREAT PLAINS WESTERN CORPORATION, a California corporation, and all persons unknown, claiming any legal or equitable right, title, estate, lien or interest in the property described in the complaint adverse to plaintiffs' title, or any cloud upon plaintiffs' title, Defendants. GREAT PLAINS WESTERN CORPORATION, a California corporation, Counterclaimant, v. WILSON COUNTY LAND COMPANY #1, a Texas limited partnership, Wilson County Land Company #2, a Texas limited partnership, Wayne L. Hill, Hill & Company, Inc., and all persons claiming by, through, or under such persons, and all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the First Amended Counterclaim adverse to counter-claimant's title or any cloud on counter-claimant's title thereto, named as DOES 1-100, inclusive, Counterdefendants.

United States Bankruptcy Court, C.D. California.

April 6, 1984.

Attorney(s) appearing for the Case

F. Shaun Burns, Michael A. Shimokaji, Dale & Lloyd, La Jolla, Cal., Stephen F. Biegenzahn, Buchalter, Nemer, Fields, Chrystie & Younger, Los Angeles, Cal., for defendants/counterclaimants.

Thomas M. Allen, Ted R. Frame, Inc., Coalinga, Cal., for plaintiffs/counterdefendants.

Lawrence A. Diamant, Robinson, Wolas & Diamant, Los Angeles, Cal., for creditors' committee.

James E. Eichstaedt, United States Trustee, Los Angeles, Cal., U.S. trustee.

MEMORANDUM OF DECISION

JOHN D. AYER, Bankruptcy Judge.

INTRODUCTION

This is a dispute over ownership rights in two properties, a Texas ranch and a Mississippi farm. The debtor holds record title, but the plaintiffs claim ownership by constructive trust. The constructive trust claims rest on an assertion that the record title holder defrauded them out of the purchase price prior to the filing of this Chapter 11 case. For purposes of analysis, I...

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