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IN RE KREISERS, INC.

Bankruptcy No. 89-40619-PKE.

112 B.R. 996 (1990)

In re KREISERS, INC., a South Dakota corporation, Debtor. David H. LARSON, Movant Receiver, v. KREISERS, INC., a South Dakota corporation, Respondent Debtor.

United States Bankruptcy Court, D. South Dakota, S.D.

April 18, 1990.

Attorney(s) appearing for the Case

Robert E. Hayes, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S.D., for movant receiver David H. Larson.

J. Bruce Blake, Sioux Falls, S.D., for respondent debtor Kreisers, Inc.

MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

ACTION

David H. Larson filed a motion to dismiss Kreisers, Inc.'s (Kreisers'), voluntary Chapter 11 bankruptcy petition as being filed in contravention of the Minnehaha County Circuit Court's (state court's) order appointing Leo Flynn as receiver of Kreisers. David Larson maintains the state court appointed receiver displaces Kreisers' directors' authority and that Kreisers violated the state...

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