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PAUL v. MONTS

No. 89-3090.

906 F.2d 1468 (1990)

Lewis A. PAUL, Plaintiff, v. T. Conrad MONTS, Defendant, Donald W. BOSTWICK, Trustee of International Plastics, Inc., Plaintiff-Appellant, v. TRAVENCA DEVELOPMENT CORPORATION, also known as Transnational Venture-Capital Development Corporation; Titan Energy Co., Ltd.; T. Conrad Monts; the Southwest National Bank; Southern Investors Management Co., Inc.; Farmers Home Administration, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 21, 1990.

Attorney(s) appearing for the Case

Donald W. Bostwick of Adams, Jones, Robinson and Malone, Wichita, Kan., for plaintiff-appellant.

Robin B. Moore, Asst. U.S. Atty., D. Kan., Thomas V. Murray of Barber, Emerson, Springer, Zinn & Murray, Lawrence, Kansas, Warren G. Jones of Malone, Dwire and Jones, Wichita, Kan., (Benjamin L. Burgess, Jr., U.S. Atty., D. of Kan., Wichita, Kan., with them on the brief), for defendants-appellees.

Before BRORBY and EBEL, Circuit Judges, and JOHNSON, District Judge.

PER CURIAM.

This case presents the issue of whether a failed Chapter 11 reorganization plan gives rise to a cause of action which the Chapter 7 trustee can enforce against proposed participants to the plan who were not themselves creditors and who did not acquire property under the plan. The United States District Court for the District of Kansas granted summary judgment for the defendants, holding that the defendants had not contractually committed to the plan and...

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