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IN RE NORTH LILY MINING CO.

Bankruptcy Nos. 01-23068 EEB, 01-23069 EEB, Adversary No. 02-1352 ABC.

289 B.R. 1 (2002)

In re NORTH LILY MINING COMPANY, a Utah corporation, Debtor. In re Xeres Tintic, LLC, Debtor. North Lily Mining Company and Xeres Tintic, LLC, Plaintiffs, v. Keystone Surveys, Inc., a Utah corporation, Defendant.

United States Bankruptcy Court, D. Colorado.

December 13, 2002.

Attorney(s) appearing for the Case

Lee M. Kutner, Kutner Miller Kearns, P.C., Denver, CO, for North Lily Mining Company and Xeres Tintic, LLC.

Garry R. Appel, Appel & Lucas, P.C., Denver, CO, for Keystone Surveys, Inc.

ORDER ON DEFENDANT'S MOTION TO DISMISS OR ABSTAIN

BRUCE A. CAMPBELL, Bankruptcy Judge.

This adversary proceeding involves an effort by plaintiffs, Chapter 11 debtors, North Lily Mining Company and Xeres Tintic, LLC (together "Plaintiffs" or "Debtors"), to set aside the conveyance from a third party to defendant Keystone Surveys, Inc. ("Keystone") of certain patented mining claims located in the State of Utah. Newmont Capital Limited ("Intervenor"...

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