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IN RE KROH BROS. DEVELOPMENT CO.

Bankruptcy No. 87-00610-1-11, Adv. No. 89-4035-1-11.

108 B.R. 710 (1989)

In re KROH BROTHERS DEVELOPMENT CO., et al., Debtors. KROH BROTHERS DEVELOPMENT CO., et al., Plaintiffs, v. UNITED MISSOURI BANK OF KANSAS CITY, N.A., Defendant.

United States Bankruptcy Court, W.D. Missouri.

December 18, 1989.

Attorney(s) appearing for the Case

Pete Smith, McDowell, Rice & Smith, Thomas M. Franklin, Polsinelli, White, Vardeman, et al., Mo., for plaintiffs.

Thomas E. Deacy, Jr., Gary Cupples, Deacy & Deacy, Kansas City, Mo., for defendant.

MEMORANDUM OPINION

KAREN M. SEE, Bankruptcy Judge.

Plaintiffs Kroh Brothers Development Company and The Kroh Operating Limited Partnership sued United Missouri Bank ("UMB") to recover alleged setoffs and preferential transfers. Four months later UMB filed a demand for jury trial, which plaintiffs moved to strike as untimely. UMB also filed a motion for withdrawal of reference by the district court, based on the argument that the bankruptcy court cannot conduct...

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