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IN RE WISTON XXIV LTD. PARTNERSHIP

Civ. A. No. 92-CV-4096-DES, Bankruptcy No. 91-40410-11.

147 B.R. 575 (1992)

In re WISTON XXIV LIMITED PARTNERSHIP. BALCOR PENSION INVESTORS V, Plaintiff/Appellant, v. WISTON XXIV LIMITED PARTNERSHIP, Defendant/Appellee.

United States District Court, D. Kansas.

November 12, 1992.

Attorney(s) appearing for the Case

William H. Zimmerman, Jr., Royce E. Wallace, Wallace & Zimmerman, Wichita, Kan., for Wiston XXIV Ltd. Partnership.

Jonathan A. Margolies, McDowell, Rice & Smith, P.C., Kansas City, Mo., Steven R. Rebein, McDowell, Rice & Smith, P.C., Kansas City, Kan., James C. Murray, Katten, Muchin & Zavis, Chicago, Ill., for Balcor Pension Investors V.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on the appeal taken by Balcor Pension Investors V ("Balcor") from an order of the Bankruptcy Court for the District of Kansas. The bankruptcy court denied Balcor's claim that post-petition rents accruing to the debtor, Wiston XXIV Limited Partnership ("Wiston") constitute cash collateral pursuant to 11 U.S.C. § 363(a) and that Balcor's interest in the rents withstands the...

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