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RESOLUTION TRUST CORP. v. ALHAMBRA HOLDINGS, INC.

No. 91-4230-SAC.

980 F.Supp. 363 (1997)

RESOLUTION TRUST CORPORATION, as Conservator for United Federal Savings Association of Iowa, Des Moines, Iowa, Plaintiff, Topeka Realty Partners, L.P., Plaintiff/Intervenor, v. ALHAMBRA HOLDINGS, INC., f/k/a Tri State Realty Investors, Inc., James E. Pohrer, Estate of Fran L. Pohrer, Peter S. Brune, and Mary J. Brune, Defendants.

United States District Court, D. Kansas.

September 22, 1997.

Attorney(s) appearing for the Case

Lauren M. Lowry, Lowry & Johnson, Valley Falls, KS, Grant M. Glenn, Patricia A. Reeder, Woner, Glenn, Reeder & Girard, Topeka, KS, for Resolution Trust Corp., as Conservator for United Fed. Sav. Ass'n of Iowa, Des Moines, Iowa.

Justin J. Johl, Shook, Hardy & Bacon L.L.P., Overland Park, KS, Michael D. Doering, Mark W. Untersee & Associates, P.C., Kansas City, MO, for James E. Pohrer, Peter S. Brune, Mary J. Brune.

Vernon L. Jarboe, Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, KS, for Thomas R. Petersen, Associated Commercial Brokers, Inc.

Eric C. Rajala, Overland Park, KS, Special Administrator.

Laurence M. Jarvis, Laurence M. Jarvis, Chartered, Kansas City, KS, Larry E. Benson, Kansas City, KS, for A. Margaret Erwin.

Grant M. Glenn, Woner, Glenn, Reeder & Girard, Topeka, KS, for RTC Commercial Assets Trust 1995-NP3-3.

Winton A. Winter, Jr., Stevens & Brand, L.L.P., Lawrence, KS, for Topeka Realty Partners, L.P., David L. Johnson.

MEMORANDUM AND ORDER

CROW, Senior District Judge.

This lengthy and complicated foreclosure action finally draws near to a close. The property at issue is essentially a strip shopping mall located in Topeka, Kansas. One large portion of the property formerly occupied by "Alco" was vacant during many of the past few years. However, one major tenant, J.M. Bauersfelds, a grocery store, has remained. Additional smaller portions of the property are rented to other...

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