IN RE CIRCLE K CORP.

Bankruptcy Nos. B-90-5052-PHX-GBN to B-90-5075-PHX-GBN. Adv. No. 93-1123-GBN.

181 B.R. 457 (1995)

In re the CIRCLE K CORPORATION; Circle K Convenience Stores, Inc.; Circle K Management Company; Lar-Lin, Inc.; First Circle Properties, Inc.; Utotem, Inc.; Utotem Markets of Arizona, Inc.; U Totem of Alabama, Inc.; U-Tote'M of Colorado Inc.; U-Tote'M of Miami, Inc.; Tic Toc Systems, Inc.; Monterre Properties, Inc.; Shop & Go, Inc.; Circle K General, Inc.; Circle K Hawaii, Inc.; Combined Aviation Co.; Charter Marketing Company (Connecticut); Charter Marketing Company; Mr. B's Oil Co., Inc.; Mr. B's Food Mart, Inc.; NPI Corporation; Old Colony Petroleum Company, Inc.; New England Petroleum Distributors, Inc.; and 44th Street & Camelback Limited Partnership, Debtors. S.N. PHELPS & COMPANY, Commonwealth Oil Refining Company, Inc. and Realmark Holdings, Inc., Plaintiffs, v. The CIRCLE K CORPORATION and its affiliated companies, and CK Acquisitions Corp., Defendants.

United States Bankruptcy Court, D. Arizona.

April 28, 1995.


Attorney(s) appearing for the Case

D.J. Baker, Weil, Gotshal & Manges, Houston, TX, for defendants/debtors.

Mitchell A. Karlan, Gibson, Dunn & Crutcher, New York City, for defendants.

Thomas P. Puccio, Richard L. Epling and Frederick A. Brodie, Winthrop, Stimson, Putnam & Roberts, New York City, for plaintiffs.


ORDER

GEORGE B. NIELSEN, Jr., Chief Judge.

This litigation alleges improper conduct, defective disclosures and erroneous valuation information in connection with confirmation of debtor's plan of reorganization. The underlying factual circumstances are of record and will not be repeated, except as necessary for entry of this ruling. See S.N. Phelps & Co. v. Circle K Corp. (In re Circle K Corp.), 171 B.R. 666, 667...

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