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IN RE VILLA WEST ASSOCIATES

Nos. 88-40614-7, 91-4044-SAC, Adv. No. 89-7309.

151 B.R. 265 (1993)

In re VILLA WEST ASSOCIATES, Debtor. Darcy D. WILLIAMSON, Trustee, Plaintiff, v. Fred C. KAY, Defendant and Third-Party Plaintiff/Appellee, v. Leslie M. BURNS, et al., Third-Party Defendants/Appellants.

United States District Court, D. Kansas.

February 5, 1993.

Attorney(s) appearing for the Case

Robert J. Bjerg, Miller Law Firm, Kansas City, MO, Karen D. Wedel, Walters, Bender & Strohbehn, Kansas City, MO, for MN Associates, Thomas W. Van Dyke, Leslie M. Burns, Kirk W. Carpenter, Paul R. Virden, Bernard Hainen, E. Jerome Hanson, M.D., C. Thomas Hitchcock, M.D., Jerry Warden, James C. Brenneman, Steven R. Duvall, Jude Nally, H. Elvin Knight, Jr., L. Kenneth Hubbell, John A. Alholm and Don C. Freburg.

Darcy D. Williamson, Topeka, KS, Bruce J. Woner, Woner, Glenn, Reeder, Lowry & Girard, Topeka, KS, for Darcy D. Williamson.

Jan M. Hamilton, Hamilton, Peterson, Tipton & Keeshan, Topeka, KS, for Fred C. Kay.

Cynthia L. Reams, Weisenfels & Vaughn, P.C., Kansas City, MO, for Douglas Kay and Ann Kay.

MEMORANDUM AND ORDER

CROW, District Judge.

This case comes before the court on appeal from a bankruptcy adversarial proceeding. On March 8, 1991, following a trial, the bankruptcy court entered judgment. The appellants, who are some of the limited partners in Villa West Associates,1 raise several issues on appeal. The appellees have filed a response and MN associates have filed a reply.2

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