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IN RE FOX HILL OFFICE INVESTORS, LTD.

No. 90-1074.

926 F.2d 752 (1991)

In re FOX HILL OFFICE INVESTORS, LTD., Debtor. FOX HILL OFFICE INVESTORS, LTD., Appellee, v. MERCANTILE BANK, N.A., Appellant, v. KROH BROTHERS DEVELOPMENT CO., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 25, 1991.

Attorney(s) appearing for the Case

David Wells, St. Louis, Mo., for appellant.

Timothy J. Sear, Kansas City, Mo., for appellees.

Before ARNOLD and FAGG, Circuit Judges, and McMILLAN, Senior District Judge.

ARNOLD, Circuit Judge.

Mercantile Bank appeals from a District Court1 judgment, affirming a decision of the Bankruptcy Court.2 The Bankruptcy Court decision allows the debtor, the limited partnership Fox Hill Office Investors, to avoid Mercantile's claim based on a promissory note and mortgage executed by its general partner. We affirm.

Kroh Brothers Equity Company is a wholly owned subsidiary of Kroh...

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