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IN RE AMERICAN PROPERTIES, INC.

Bankruptcy No. 80-40156, Adv. Nos. 80-0141, 80-0142.

8 B.R. 68 (1980)

In re AMERICAN PROPERTIES, INC., Debtor. AMERICAN PROPERTIES, INC., Plaintiff, v. TOPEKA BANK AND TRUST, Defendant. TOPEKA BANK AND TRUST OF TOPEKA, Topeka, Kansas; University State Bank of Lawrence, Kansas; First National Bank of Kearney, Nebraska, and First Westroads Bank of Omaha, Nebraska, Plaintiffs, v. AMERICAN PROPERTIES, INC., Defendant.

United States Bankruptcy Court, D. Kansas.

December 8, 1980.

Attorney(s) appearing for the Case

Byron C. Loudon, Kansas City, Kan., for debtor.

Larry G. Karns, Topeka, Kan., for Topeka Bank and Trust.

John W. Brand, Jr., Lawrence, Kan., for University State Bank of Lawrence, Kansas.

Jerrold L. Strasheim, Omaha, Neb., for First National Bank of Kearney, Nebraska.

James F. Kasher, Omaha, Neb., for First Westroads Bank of Omaha, Nebraska.

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

The above numbered adversary proceedings have been joined for the purpose of this decision as they are interdependent, a decision in one necessarily affects a decision in the other.

Adversary number 80-0141 was initiated on September 10, 1980 by the debtor in possession (debtor) requesting release of insurance proceeds held by the Topeka Bank and Trust of Topeka, Kansas (TBT). The funds...

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