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IN RE THE LANDING

Bankruptcy No. 92-20384-172. Adv. No. 95-2010-172.

192 B.R. 501 (1996)

In re THE LANDING, A Missouri Limited Partnership, Debtor. MARK TWAIN BANK, Plaintiff/Counterclaim Defendant, v. Fredrich J. CRUSE, Operating Trustee, Defendant/Cross-Claim Defendant, Laurlin, Inc., d/b/a The Landing, Defendant/Counterclaim, Cross-Claim, and Third Party Plaintiff, Jay A. Peters, Third Party Plaintiff, Omni Bank f/k/a State Bank of Hull, U.S. Small Business Administration, General Electric Capital Corporation, Successor in Interest to ITT Commercial Finance, the Missouri Lutheran Synod, Mark Twain Area Title Ins. Co. a/k/a Mark Twain Area Title Insurance Agency, Chicago Title Insurance Company, Third Party Defendants.

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

February 22, 1996.

Attorney(s) appearing for the Case

David N. Burn, Gerrish & McCreary, P.C., Nashville, TN, for Mark Twain Bank and Omni Bank.

Lonnie Whitaker, Special Assistant U.S. Attorney, St. Louis, MO, Maria C. Sanchez, Office of the United States Attorney, St. Louis, MO, for U.S. Small Business Admin.

Thomas J. DeGroot, Husch & Eppenberger, St. Louis, MO, for General Electric Capital Corporation.

Robert E. Jones, Clayton, MO, for Mark Twain Title Company and Chicago Title Company.

ORDER

JAMES J. BARTA, Chief Judge.

The matter is before the Court on a Motion to Dismiss the adversary proceeding for lack of subject matter jurisdiction. The motion was filed by Fredrich J. Cruse ("Cruse"), Defendant/Crossclaim Defendant and Operating Trustee of The Landing, the Reorganized Debtor ("Debtor"). The Debtor is operating under a confirmed plan of reorganization and is engaged in the orderly liquidation of its assets. The adversary case...

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