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IN RE WESTERN PACIFIC AIRLINES, INC.

No. Civ.A. 97-K-2564, Bankruptcy No. 97-24701 SBB.

216 B.R. 437 (1998)

In re WESTERN PACIFIC AIRLINES, INC., a Delaware corporation, Debtor. BOULLIOUN AIRCRAFT HOLDING CO., INC., Appellant, v. WESTERN PACIFIC AIRLINES, INC. and Smith Management Co., Appellees.

United States District Court, D. Colorado.

January 12, 1998.

Attorney(s) appearing for the Case

Susan M. Freeman, Lewis & Roca, Phoenix, AZ, Daniel F. Warden, Bond & Morris, P.C., Denver, CO, Ballard, Spahr, Andrews & Ingersoll, Denver, CO, for plaintiff/appellant.

Russell O. Stewart, Christian C. Onsager, Michael J. Pankow, Faegre & Benson, Denver, CO, David T Brennan, Otten, Johnson, Robinson, Neff & Ragonetti, P.C., Denver, CO, Howard R. Tallman, James T. Markus, John Frederick Young, Block, Markus & Williams, LLC, Denver, CO, for defendant/appellee.

MEMORANDUM DECISION ON APPEAL

KANE, Senior District Judge.

This is an expedited appeal by Boullioun Aircraft Holding Company, Inc. and Boullioun Portfolio Finance I, Inc. (jointly, "Boullioun"), who lease certain aircraft operated by the debtor-in-possession, Western Pacific Airlines, Inc. ("WestPac"). Boullioun appeals from Judge Brooks's December 3, 1997 Order Authorizing Debtor to Obtain Postpetition Financing Pursuant to Sections 364(c)(1) and 364(d...

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