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IN RE CREEKSTONE APARTMENTS ASSOCIATES, L.P.

Bankruptcy No. 392-04511. Adv. No. 93-0052A.

165 B.R. 845 (1993)

In re CREEKSTONE APARTMENTS ASSOCIATES, L.P., a Missouri Limited Partnership, Debtor. CREEKSTONE APARTMENTS ASSOCIATES, L.P., a Missouri Limited Partnership, Plaintiff, v. RESOLUTION TRUST CORPORATION, as Receiver for Home Federal Savings Association of Kansas City and First Tennessee Bank National Association, Trustee, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

December 27, 1993.

Attorney(s) appearing for the Case

G. Rhea Bucy, Thomas H. Forrester, Edward T. Brading, Gullett, Sanford, Robinson & Martin, Nashville, TN, for Creekstone Apartments Associates, L.P.

William R. O'Bryan, Jr., Trabue, Sturdivant & DeWitt, Nashville, TN, for TE-Two Real Estate Ltd. Partnership.

Marc T. McNamee, Neal & Harwell, Nashville, TN, for Michelson Asset Management, Inc.

MEMORANDUM REGARDING PLAINTIFF'S MOTION FOR SUMMARY JUDGEMENT AND DEFENDANT'S CROSS MOTION FOR PARTIAL SUMMARY JUDGEMENT

GEORGE C. PAINE, II, Chief Judge.

I. INTRODUCTION

Creekstone Apartments Associates, L.P., as plaintiff initiated this adversary proceeding to determine the validity, priority and extent of liens held by the Resolution Trust Corporation ("RTC") and First Tennessee Bank National Association on pre-petition rents collected...

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