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IN RE DUCKWALL-ALCO STORES, INC.

Bankruptcy No. 89-40642-11, Civ. A. No. 91-4080-DES.

150 B.R. 965 (1993)

In re DUCKWALL-ALCO STORES, INC., Debtor. INLAND'S MONTHLY INCOME FUND, L.P., Appellant, v. DUCKWALL-ALCO STORES, INC., Appellee.

United States District Court, D. Kansas.

February 10, 1993.

Attorney(s) appearing for the Case

John V. Donner, Stinson, Mag & Fizzell, Overland Park, KS, for debtor, appellee.

Robert L. Baer, Cosgrove, Webb & Oman, Lauren M. Lowry, Woner, Glenn, Reeder, Lowry & Girard, Topeka, KS, for appellant.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before this court on an appeal taken by Inland's Monthly Income Fund, L.P., ("Inland") from the order of the bankruptcy court denying in part its demand pursuant to 11 U.S.C. § 365(d)(3) for payment from the bankruptcy estate of Duckwall-ALCO Stores, Inc. ("Duckwall").1 Duckwall rejected an unexpired lease of commercial real estate owned by Inland. The amounts...

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