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IN RE ROSE WAY, INC.

Bankruptcy No. 89-1273-C, Nos. 4-93-cv-10354 to 4-93-cv-10364.

160 B.R. 811 (1993)

In re ROSE WAY, INC., Debtor. Thomas G. McCUSKEY, Trustee of the Bankruptcy Estate of Rose Way, Inc., Appellant, v. FBS LEASING CORPORATION; Textron Financial Corporation; Signal Capital Corporation; Paccar Financial Corp.; Bankers Trust Company; First Bank of Minneapolis; General Electric Credit Corporation; FBS Business Finance Corporation; Central Trailer Services, Ltd.; Greyhound Leasing & Financial Corporation; Bankers Trust Company; Appellees.

United States District Court, S.D. Iowa, C.D.

October 19, 1993.

Attorney(s) appearing for the Case

Thomas G. McCuskey, pro se.

John E. Landess, Nyemaster-Goode-McLaughlin-Emery, Des Moines, IA, for FBS Leasing Corp.

Jeffrey P. Taylor, [COR LD NTC] Klinger Robinson McCuskey & Cable, Cedar Rapids, IA, for Thomas G. McCuskey.

Thomas L. Flynn, Des Moines, IA, for Textron Financial Corp., Bankers Trust Co.

Peter S. Cannon, Connolly O'Malley Lillis & Hansen, Des Moines, IA, for Signal Capital Corp.

Mark D. Walz, [COR LD NTC] Davis Hockenberg Wine Brown Koehn & Shors, Des Moines, IA, for Paccar Financial Corp., Cent. Trailer Services, Ltd., Greyhound Financial Corp.

John E. Landess, Nyemaster-Goode-McLaughlin-Emery, Des Moines, IA, Paul J. Scheerer, Minneapolis, MN, for First Bank of Minneapolis, FBS Business Finance Corp.

Gerald J. Newbrough, Nyemaster Goode & McLaughlin, Des Moines, IA, for General Elec. Credit, Sued as General Elec. Credit Corp.

ORDER

LONGSTAFF, District Judge.

The court has before it the appeals filed in the above-captioned cases. Jurisdiction in this court is proper under 28 U.S.C. § 158(a). Appellant asserts that the bankruptcy court erred when it ruled that the trustee's cause of action was barred by the statute of limitations set out in 11 U.S.C. § 546(a)(1).

I. BACKGROUND

The bankruptcy court made the following findings of fact:

1. The Debtor...

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