IN RE WISTON XXIV LTD. PARTNERSHIP

Civ. A. No. 93-4097-DES. Bankruptcy No. 91-40410-11.

170 B.R. 453 (1994)

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

United States District Court, D. Kansas.

July 15, 1994.


Attorney(s) appearing for the Case

William H. Zimmerman, Jr., Minter, Case & Zimmerman, Wichita, KS, Joel Pelofsky, Shughart, Thomson & Kilroy, Kansas City, MO, for Wiston XXIV Ltd. Partnership.

Harry D. Dixon, Jr., Dixon & Dixon P.C., Omaha, NE, for Robert L. Thompson and Wiston Management Inc.

Jonathan A. Margolies, McDowell, Rice & Smith, P.C., Kansas City, MO, Michael L. Molinaro, Katten, Muchin & Zavis, Chicago, IL, for Balcor Pension Investors V.

Daniel M. Runion, Western Resources, Inc., Topeka, KS, Douglas G. Peterson, Missouri Gas Energy, Law Div., Kansas City, MO, for Western Resources, Inc.


MEMORANDUM AND ORDER

SAFFELS, Senior District Judge.

This matter is before the court on the appeal taken by the debtor, Wiston XXIV Limited Partnership ("Wiston") from the orders of the bankruptcy court filed on April 2, 1993, denying confirmation of the debtor's fourth amended plan of reorganization under Chapter 11 and granting relief from the automatic stay to Wiston's primary creditor, Balcor Pension Investors V ("Balcor").1...

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