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BROOKS v. R & M CONSULTANTS, INC.

No. 4922.

613 P.2d 268 (1980)

Donald R. BROOKS and Lois M. Brooks, Appellants, v. R & M CONSULTANTS, INC., an Alaskan Corporation, and Valley Lumber & Building Supply, Inc., an Alaskan Corporation, Appellees.

Supreme Court of Alaska.

June 20, 1980.

Attorney(s) appearing for the Case

Bruce Horowitz, Alaska Legal Services Corp., Juneau, for appellants.

Shirley F. Kohls and Steve U'Ren, Shirley F. Kohls, Law Offices, Juneau, for appellees.

Before RABINOWITZ, C.J., CONNOR, BURKE and MATTHEWS, JJ., and DIMOND, Senior Justice.

OPINION

DIMOND, Senior Justice.

Presented here is this question: When real estate abandoned by the trustee in bankruptcy is sold for more than the value of the encumbrances on it, should the excess go to the bankrupts or to creditors claiming on the basis of unfiled materialmen's liens?

The bankrupts, Donald and Lois Brooks, owned property in Alaska, subject to a deed of trust executed by them to Title Insurance Agency, Inc., for the benefit of the...

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