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IN RE TRI-STATE BUILDING MATERIALS COMPANY

No. Bk. 65-132S.

279 F.Supp. 1020 (1968)

In the Matter of Petition for Reorganization of TRI-STATE BUILDING MATERIALS COMPANY, a Corporation.

United States District Court D. South Dakota, S. D.

February 23, 1968.

Attorney(s) appearing for the Case

Samuel Masten, Sioux Falls, S. D. for the trust.

Christopherson, Bailin, Wilds & Bailey, Sioux Falls, S. D., for Weyerhaeuser Co.

Carlyle Richards, Aberdeen, S. D., for trustee of Tri-State Building Materials Co.

MEMORANDUM DECISION

BECK, District Judge.

This is a controversy between the Weyerhaeuser Company and the Commonwealth Investment Corporation, under contentions that Commonwealth's claim in the sum of $150,246.24 against Tri-State Building Materials Company, a corporation, in this proceeding1 should be subordinated to that of Weyerhaeuser's which is for $20,990.30.

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