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IN RE APEX OIL CO.

Bankruptcy Nos. 87-03804-BSS, 87-03805-BSS.

85 B.R. 538 (1988)

In re APEX OIL COMPANY, et al., and Clark Oil & Refining Corporation, Debtors. Robert L. NEIER and Susan A. Neier, Movants, v. CLARK OIL & REFINING CORPORATION, Debtor.

United States Bankruptcy Court, E.D. Missouri, E.D.

April 22, 1988.

Attorney(s) appearing for the Case

Edward J. Karfeld, St. Louis, Mo., for movants.

Arnold M. Quittner, Robert Jay Moore, Gendel, Raskoff, Shapiro & Quittner, Clayton, Mo., Arnold M. Quittner, Robert Jay Moore, Paul S. Aronzon, Gendel, Raskoff, Shaprio & Quittner, Los Angeles, Cal., Dennis A. Ferrazzano, Barack, Ferrazzano and Kirschbaum, Chicago, Ill., for debtors.

Gregory D. Willard, Laurence M. Frazen, Bryan, Cave, McPheeters and McRoberts, St. Louis, Mo., Stephen J. Blauner, David C.L. Frauman, Milbank, Tweed, Hadley and McCloy, New York City, for Lender Group.

Lloyd A. Palans, Gallop, Johnson and Neuman, Examiner, St. Louis, Mo.

Steven J. Cousins, Armstrong, Teasdale, Kramer, Vaughan & Schlafly, St. Louis, Mo., for Unsecured Creditors Committee.

MEMORANDUM OPINION

BARRY S. SCHERMER, Bankruptcy Judge.

INTRODUCTION

This matter comes before the Court upon the Motion of Robert L. Neier and his wife, Susan A. Neier (hereinafter the "Neiers") For Relief From The Stay Provisions of the Bankruptcy Code Or, In The Alternative, For Adequate Protection (hereinafter the "Motion"). The Neiers' Motion was filed March 24, 1988, and the case was tried April 11, 1988.

FACTS

On January 30...

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