IN RE TRI-COUNTY FARM EQUIPMENT CO., INC.

Bankruptcy No. 87-40569-7, Civ. A. No. 87-2377-S.

87 B.R. 667 (1988)

In re TRI-COUNTY FARM EQUIPMENT CO., INC., Debtor. KANSAS BANKERS SURETY COMPANY, Appellant, v. TRI-COUNTY FARM EQUIPMENT CO., INC., Appellee & Cross-Appellant.

United States District Court, D. Kansas.

June 7, 1988.


Attorney(s) appearing for the Case

Alan V. Johnson, Martha A. Peterson, Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, Kan., for appellant.

Gordon Myerson, Kansas City, Mo., for Creditor SLC.

Michael E. Whitsitt, Overland Park, Kan., Randolph G. Willis, Kenneth C. Jones, Watson, Ess, Marshall, & Enggas, Oalthe, Kan., for appellee and cross appellant.


MEMORANDUM AND ORDER

SAFFELS, District Judge.

This is an appeal from the bankruptcy court's dismissal of appellant Kansas Bankers Surety Company's (KBS) petition for involuntary bankruptcy against alleged debtor Tri-County Farm Equipment Company (Tri-County). The bankruptcy court dismissed the petition on several grounds, including (1) KBS was not a proper petitioning party under 11 U.S.C. § 303, and (2) abstension was proper under 11 U.S.C. §...

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