HEYBOER v. KOLBERG

No. G78-597 CA6.

493 F.Supp. 137 (1980)

Junior HEYBOER, Plaintiff and Counter-Defendant, v. Elmer KOLBERG and J. Paul Herman, Defendants and Cross-Defendants. PEOPLES BANK AND TRUST COMPANY, Defendant, Counter-Plaintiff and Cross-Plaintiff, v. The UNITED STATES of America, Defendant and Cross-Defendant.

United States District Court, W. D. Michigan, S. D.

July 16, 1980.


Attorney(s) appearing for the Case

Joel G. Bouwens, Dalman, Murphy & Bidol, Holland, Mich., for Junior Heyboer.

Harry J. Knudsen, White, Spaniola, Knudsen, Stariha & Potuznik, Muskegon, Mich., for J. Paul Herman.

Gregory J. Rappleye, Scholten & Fant, Grand Haven, Mich., for Peoples Bank.

James S. Brady, U. S. Atty., Grand Rapids, Mich., for the U. S.


OPINION

BENJAMIN F. GIBSON, District Judge.

This matter was tried without a jury on June 23 and 24, 1980. This decision shall constitute the Court's findings of fact and conclusions of law as required by Fed.R. Civ.P. 52(a).

The controversy centers on an auction sale of the personalty relating to a farm operated by Elmer Kolberg, and, more specifically, the rights of the parties relating to one 1973 International 4166D 4-wheel drive tractor. There...

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