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IN RE INTEGRA REALTY RESOURCES, INC.

Bankruptcy Nos. 92 18853 DEC, 92 18854 PAC, 92 18855 CEM and 92 18853 DEC. Adv. No. 94 1370 PAC.

179 B.R. 264 (1995)

In re INTEGRA REALTY RESOURCES, INC., and Integra — A Hotel and Restaurant Company, Tax I.D. No. 48-0764252, and BHC of Denver, Inc., Tax I.D. No. 74-27914828, Debtors. Jeffrey A. WEINMAN, as Trustee for the Integra Unsecured Creditors' Trust, Plaintiff, v. FIDELITY CAPITAL APPRECIATION FUND, et al., Defendants.

United States Bankruptcy Court, D. Colorado.

February 8, 1995.

Attorney(s) appearing for the Case

John C. Smiley, Denver, CO, for Jeffrey Weinman, Chapter 11 Trustee.

Frank C. Huntington, Boston, MA, for Fidelity Capital Corp.

I. Walton Bader, White Plains, NY, for Unofficial Protective Committee.

Barry L. Wilkie, for Weiner Family Trust, Krumholz Group Inc., Paul Dillon, Refco Securities, Inc., E. Thomas Spengler.

Michael A. Gold, for DFA Dimensions & DFA Trust Group.

Brad W. Schacht, Dirk W. de Roos, Denver, CO, for Chemical Bank.

Mohan V. Phansalkar, pro se.

Irene K. Tamura, Sacramento, CA, for California Teachers Retirement Fund.

Susan Marsnick, Minneapolis, MN.

J. Nick Badgerow, Overland Park, KS, for Robert Palan.

OPINION AND ORDER ON MOTION FOR CLASS CERTIFICATION

PATRICIA A. CLARK, Bankruptcy Judge.

The matter before the Court is the motion for class certification filed by Jeffrey A. Weinman, as Trustee for the Integra Unsecured Creditors' Trust (Trustee), and the objections thereto by various defendants. The claims in this action were transferred to the Unsecured Creditors' Trust (Trust) pursuant to the First Amended Chapter 11 Plan of Reorganization for Integra...

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