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IN RE PRESIDENT CASINOS, INC.

No. 4:08CV166 HEA.

419 B.R. 394 (2009)

In re PRESIDENT CASINOS, INC., et al., Debtors. President Casinos, Inc., Individually and as Trustee of that certain President River Boat Casino-Missouri, Inc. Distribution Trust dated December 20, 2006, Plaintiff-Appellant/Cross-Appellee, v. Columbia Sussex Corporation and Wimar Tahoe Corporation, Defendants-Appellees/Cross-Appellants.

United States District Court, E.D. Missouri, Eastern Division.

September 25, 2009.

Attorney(s) appearing for the Case

James W. Erwin, Lawrence C. Friedman, Mark V. Bossi, Thompson Coburn, LLP, St. Louis, MO, John C. Balzano, Joseph D. Pizzurro, Nancy E. Delaney, Priya Swaminathan, Shannon McNulty, Timothy N. McCabe, Curtis and Mallet-Prevost, LLP, New York, NY, for Debtor.

OPINION, MEMORANDUM AND ORDER

HENRY EDWARD AUTREY, District Judge.

This matter is before the Court on the appeal from the January 25, 2006 and February 16, 2006 orders of the Bankruptcy Court granting a temporary restraining order and a preliminary injunction, respectively, to President Casinos, Inc., ("PCI"). The Court heard oral argument on the appeal on April 22, 2009. Upon consideration of the briefs of the parties, oral argument and the evidence...

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