IN RE NORTH PORT ASSOCIATES, INC.

Bankruptcy Nos. 93-46630-399, 94-43766-399.

182 B.R. 810 (1995)

In re NORTH PORT ASSOCIATES, INC., Debtor. In re NORTH PORT GOLF ASSOCIATES I, L.P., Debtor.

United States Bankruptcy Court, E.D. Missouri, Eastern Division.

May 31, 1995.


Attorney(s) appearing for the Case

Steven Goldstein, St. Louis, MO, for debtors.

J. Dennis O'Leary, Dubail, Judge, P.C., St. Louis, MO.

Bonnie Clair, Office of U.S. Trustee, St. Louis, MO.

Steven Ginther, Mo. Dept. of Revenue, General Counsel's Office, Jefferson City, MO.

Francis X. Buckley, Jr., Thompson & Mitchell, St. Louis, MO.

David Going, Armstrong, Teasdale, Schlafly & Davis, St. Louis, MO.

Ried F. Holbrook, Thomas E. Osborn, Kurt S. Brack, Kansas City, KS.

John G. Young, Jr., Blumenfeld, Kaplan & Sandweiss, P.C., Clayton, MO.

Stephen L. Kling, Jr., Jenkins, Kling & Sauerwein, St. Louis, MO.

David M. Dare, Kramer & Frank, St. Louis, MO.

James C. Mordy, Marc E. Elkins, Morrison & Hecker, Kansas City, MO.

Milton P. Goldfarb, Newman, Goldfarb, Freyman, Stevens & Klein, St. Louis, MO.


MEMORANDUM OPINION AND ORDER

BARRY S. SCHERMER, Chief Judge.

INTRODUCTION

Before the Court are two motions: one brought by a third party beneficiary of a real estate sale contract against the seller (Debtor) and buyer seeking specific performance; and the other brought by the buyer seeking rescission of the same contract.

JURISDICTION

This Court has jurisdiction over the subject matter of this proceeding pursuant to 28 U.S.C....

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