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IN RE SUNFLOWER RACING, INC.

No. 98-2263-EEO, Bankruptcy No. 96-21187-11.

225 B.R. 225 (1998)

In re SUNFLOWER RACING, INC., doing business as The Woodlands, Debtor. SUNFLOWER RACING, INC., doing business as The Woodlands, and Hollywood Park, Inc., Appellants, v. MID-CONTINENT RACING & GAMING CO. I; Mid-Continent Racing & Gaming Co. II; Mid-Continent Racing & Gaming Co. III; Bank Midwest, N.A.; and FCLT Loans, L.P., Appellees.

United States District Court, D. Kansas, Kansas City Division.

July 31, 1998.

Attorney(s) appearing for the Case

F. Stannard Lentz, John J. Cruciani, Lentz & Clark, P.A., Overland Park, KS, for Sunflower Racing, Inc.

Jan M. Hamilton, Leon B. Graves, Hamilton, Peterson & Keeshan, Topeka, KS, for Hollywood Park, Inc.

Mark A. Shaiken, David L. Zeiler, Stinson, Mag & Fizzell, P.C., Kansas City, MO, Thomas R. Franklin, Media/Professional Insurance, Inc., Kansas City, MO, Thomas M. Franklin, Wehrman & Colantuono, L.L.C., Kansas City, MO, for Mid-Continent Racing & Gaming Co. I, Mid-Continent Racing & Gaming II, Mid-Continent Racing & Gaming Co. III.

Laurence M. Frazen, Bryan Cave LLP, Kansas City, MO, Mark A. Shaiken, David L. Zeiler, Stinson, Mag & Fizzell, P.C., Kansas City, MO, for Bank Midwest, N.A.

Mark A. Shaiken, David L. Zeiler, Stinson, Mag & Fizzell, P.C. Kansas City, MO, for FCLT Loans, L.P.

Dale L. Somers, Wright, Henson, Somers, Sebelius, Clark & Baker, LLP, Topeka, KS, for Kansas Racing & Gaming Commission.

F. Stannard Lentz, John J. Cruciani, Lentz & Clark, P.A., Overland Park, KS, for In re Sunflower Racing, Inc.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, District Judge.

This matter is before the court on the motion of Sunflower Racing, Inc., doing business as The Woodlands ("Debtor"), and Hollywood Park, Inc., for a stay of all bankruptcy proceedings pending appeal of the bankruptcy court's order denying confirmation of Debtor's reorganization plan (Doc. # 2). After careful consideration of the parties' briefs, the court is prepared to rule. For the reasons set...

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