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IN RE BTR PARTNERSHIP

No. 4:03CV3080. Bankruptcy No. 01-41170. Adversary No. 01-04076.

292 B.R. 188 (2003)

In the Matter of BTR PARTNERSHIP, originally filed as BTR Farms, Debtor. Farmers State Bank of Nebraska, Plaintiff, v. Citizens Bank, State Savings Bank, and BTR Farms, Defendants. State Savings Bank and Citizens Bank, Third-Party Plaintiffs, v. Timothy H. Shirley and Carolyn L. Shirley, Third-Party Defendants, Chapter 11 Trustee, Richard D. Myers, Third-Party Plaintiff, v. Farmers State Bank of Nebraska, Citizens Bank, State Savings Bank, BTR Farms, Timothy H. Shirley, and Carolyn L. Shirley, Third-Party Defendants.

United States District Court, D. Nebraska.

April 18, 2003.

Attorney(s) appearing for the Case

Richard H. Hoch, Hoch, Steinheider Law Firm, Nebraska City, NE, for Plaintiff Farmers State Bank of Nebraska's Counsel.

Charles L. Smith, Telpner, Peterson Law Firm, Council Bluffs, IA, for Defendant State Savings Bank's Counsel.

Jodi Ahlman, Rod P. Kubat, Nyemaster, Goode Law Firm, Des Moines, IA, for Defendant Citizens Bank's Counsel.

MEMORANDUM AND ORDER

KOPF, Chief Judge.

As directed by the court in its previous memorandum and order (filing 4), the appellant, Farmers State Bank of Nebraska ("FSB"), has filed a motion for leave to appeal (filing 7), together with a supporting brief (filing 8).1 The Chapter 11 Trustee, Richard D. Myers ("Trustee"), has filed an answer and opposing brief (filings 9, 10), as permitted by the court's previous memorandum and order...

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