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IN RE KROH BROS. DEVELOPMENT CO.

Bankruptcy Nos. 87-00640-1-11, 87-01265-1-11, 87-00641-1-11, 87-01263-1-11, 87-01930-1-11 and 87-01266-1-11, Adv. No. 89-4035-1-11.

100 B.R. 487 (1989)

In re KROH BROTHERS DEVELOPMENT COMPANY, a Missouri Corporation, Debtor. In re KROH BROTHERS EQUITY COMPANY, a Missouri Corporation, Debtor. In re KROH BROTHERS REALTY COMPANY, a Missouri Corporation, Debtor. In re KROH INVESTMENTS I, INC., a Missouri Corporation, Debtor. In re KROH TELECOMMUNITIES, INC., a Missouri Corporation, Debtor. In re WARD PARKWAY CORP., a Missouri Corporation, Debtor. KROH BROTHERS DEVELOPMENT COMPANY and The Kroh Operating Limited Partnership, By I.I. Ozar, Managing Agent and Estate Administrator, Plaintiffs, v. UNITED MISSOURI BANK OF KANSAS CITY, N.A., Defendant.

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

Appeal Denied July 31, 1989.

Attorney(s) appearing for the Case

Cory Lipoff, Nachman, Munitz, Sweig, Ltd., Chicago, Ill., for debtors.

R. Pete Smith, McDowell, Rice & Smith, Kansas City, Kan., for Ozar.

Edward E. Schmitt, Dietrich, Davis, Dicus, Rowlands, Schmitt & Gorman, Kansas City, Mo., for Segregated Fund trustee.

Thomas S. Kiriakos, Mayer, Brown & Platt, Chicago, Ill., for Creditors Committee.

Mendel Small, Scott Goldstein, Spencer, Fane, Britt & Browne, Thomas M. Deacy, Gary Cupples, Deacy & Deacy, Kansas City, Mo., for United Missouri Bank of Kansas City.

MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS FOR LACK OF STANDING AND DENYING MOTION FOR STAY OF PROCEEDINGS

KAREN M. SEE, Bankruptcy Judge.

Debtors and I.I. Ozar (collectively, plaintiffs) sued defendant United Missouri Bank of Kansas City, N.A. seeking to avoid various allegedly preferential transfers. In addition to this proceeding, Debtors and either Ozar or the Segregated Fund Trustee, Edward E. Schmitt1

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