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IN RE BLUE MOUNTAIN INV., LTD.

Civ. A. No. 93-4205-DES. Bankr. No. 86-41407-7C. Adv. No. 87-0159.

186 B.R. 508 (1995)

In re BLUE MOUNTAIN INVESTMENTS, LTD. BLUE MOUNTAIN INVESTMENTS, LTD., Plaintiff/Appellant, v. William G. BONE and Sunrise Company, Defendants/Appellees.

United States District Court, D. Kansas.

August 18, 1995.

Attorney(s) appearing for the Case

Michael J. Friesen, Friesen & Wendler, P.A., Garden City, KS, for Blue Mountain Investments, Ltd..

William B. Sorensen, Jr., Morris, Laing, Evans, Brock & Kennedy, Chtd., Wichita, KS, for appellees William G. Bone, Sunrise Company.

MEMORANDUM AND ORDER

SAFFELS, Senior District Judge.

This matter is before the court on the appeal taken by the debtor, Blue Mountain Investments, Ltd. (Blue Mountain), from the order of the bankruptcy court filed on September 2, 1993, dismissing with prejudice count 1 of the debtor's complaint of October 1, 1987. Count 1 of the complaint alleges that defendants, William H. Bone and Sunrise Company (Sunrise...

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