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IN RE KAR DEVELOPMENT ASSOCIATES, L.P.

Civ. A. No. 94-2323-GTV. Bankruptcy No. 93-22056-11.

180 B.R. 629 (1995)

In re KAR DEVELOPMENT ASSOCIATES, L.P., Debtor. CITY OF OLATHE, KANSAS, Security Bank of Kansas City, and Alchemedes/Olathe Inn Limited Partnership, Appellants, v. KAR DEVELOPMENT ASSOCIATES, L.P., Appellee.

United States District Court, D. Kansas.

March 3, 1995.

Attorney(s) appearing for the Case

R. Pete Smith, Jonathan A. Margolies, McDowell, Rice & Smith, P.C., Kansas City, MO, for KAR Development Associates, L.P.

Mark A. Shaiken, Lucinda S. Woolery, Stinson, Mag & Fizzell, Kansas City, MO, for City of Olathe, Kan., Security Bank of Kansas City, Alchemedes/Olathe Inn Ltd. Partnership.

MEMORANDUM AND ORDER

VAN BEBBER, District Judge.

This is an appeal from an order of the bankruptcy court which held that a lease established pursuant to provisions of the Kansas Economic Development Revenue Bond Act is not a true lease and therefore not subject to the assumption/rejection requirements of § 365 of the Bankruptcy Code.1 The debtor has filed a cross-appeal challenging the bankruptcy court's ruling that...

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