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  5. 198 B.R. 352 (1996)
 

IN RE INTEGRA REALTY RESOURCES, INC.

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

198 B.R. 352 (1996)

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.

June 27, 1996.

Attorney(s) appearing for the Case

John C. Smiley, Harold G. Morris, Jr., Lindquist, Vennum & Christensen, Denver, Colorado, for plaintiff.

James S. Dittmar, Frank C. Huntington, Hutchins, Wheeler & Dittmar, Boston, MA, for defendants.

ORDER ON PRELIMINARY DISPOSITIVE MOTION

PATRICIA A. CLARK, Bankruptcy Judge.

The matter before the Court is the preliminary dispositive motion filed by Fidelity Capital Appreciation Fund (Fund), the response thereto filed by Jeffrey A. Weinman (Trustee), as Trustee for the Integra Unsecured Creditors' Trust (Trust), and the Fund's reply to the response. The Fund requests a determination on three dispositive issues: whether the settlement payment defense...

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