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IN RE KOPEXA REALTY VENTURE CO.

BAP No. KS-96-046, Bankruptcy Nos. 95-21261, 95-21262.

213 B.R. 1020 (1997)

In re KOPEXA REALTY VENTURE CO., a Kansas General Partnership, Debtor. In re C.K. WILLIAMS, INC., a Kansas corporation, Debtor. Earl E. KOPP and Carolyn Kopp, Appellants, v. ALL AMERICAN LIFE INSURANCE COMPANY; The United States Life Insurance Company in the City of New York; Carl R. Clark, Chapter 11 Trustee for Kopexa Realty Venture Co.; and Darcy Williamson, Trustee for C.K. Williams, Inc., Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

November 12, 1997.

Attorney(s) appearing for the Case

Dennis Owens, Kansas City, MO, for Appellants.

Carl R. Clark, Lentz & Clark, Overland Park, KS, and Darcy D. Williamson, Topeka, KS (John J. Cruciani, Lentz & Clark, Overland Park, KS, and Richard M. Beheler, Blackwell Sanders Matheny Weary & Lombardi, Kansas City, MO, with them on the brief), for Appellees.

Before CLARK, BOHANON, and MATHESON, Bankruptcy Judges.

OPINION

MATHESON, Bankruptcy Judge.

This Panel has before it for review the November 8, 1996, order of the United States Bankruptcy Court for the District of Kansas, approving a proposed compromise and settlement. For the reasons set forth below, we conclude that the decision of the bankruptcy court should be vacated and the matter remanded to that court for further proceedings.

JURISDICTION AND STANDARD OF REVIEW

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