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GORENZ v. STATE OF ILL. DEPT. OF AGRICULTURE

No. 80-1337.

653 F.2d 1179 (1981)

John A. GORENZ, d/b/a Gorenz Grain Company and Edward Limperis, Trustee in Bankruptcy of John A. Gorenz d/b/a Gorenz Grain Co., Plaintiffs-Appellees, v. STATE of ILLINOIS DEPARTMENT of AGRICULTURE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 15, 1981.

Attorney(s) appearing for the Case

Myra Turner, Asst. Atty. Gen., Chicago, Ill., for defendant-appellant.

Steven J. Kadison, Chicago, Ill., for plaintiffs-appellees.

Before BAUER, Circuit Judge, WISDOM, Senior Circuit Judge, and CUDAHY, Circuit Judge.

CUDAHY, Circuit Judge.

The question on appeal is whether the bankruptcy court properly exercised its summary jurisdiction in ordering the Illinois Department of Agriculture (the "Department") to turn over the proceeds realized from the Department's sale of grain taken from the possession of John Gorenz, the bankrupt in this action. Because the record before us is insufficient to support the bankruptcy court's summary adjudication of the Department's claims, we reverse...

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