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MATTER OF DESIGN BUILDERS, INC.

Bankruptcy No. 81-0226.

18 B.R. 392 (1981)

In the Matter of DESIGN BUILDERS, INC., Debtor. FIRST AMERICAN TITLE CO., Plaintiff, v. DESIGN BUILDERS, INC.; Northwest Savings & Loan; Thermal Systems, Inc.; Water & Waste Water Equipment Co.; Western Cabinet & Millwork, Inc.; Wilson and Dodge Contractors; Intermountain West Insulation; A to Z Lumber & Coal Co., Inc.; Robert Baum, dba Baum's Heating and Air Conditioning; Cantrell Plumbing; Redford Electric, Inc.; Mark Weeks & Robert Raub; Boise Cascade Corporation, James W. Carrie and E. Sharlene Carrie; Overhead Door Co. of Southwestern Idaho, Inc.; Northwest Fireplaces, Inc.; Farnsworth Construction; Does I through L; and Gordon Nielson, successor trustee, Defendants.

United States Bankruptcy Court, D. Idaho.

October 8, 1981.

Attorney(s) appearing for the Case

James S. Underwood, Jr., Boise, Idaho, for Gordon Nielson, Successor Trustee.

Don L. Roberts, Mountain Home, Idaho, for A to Z Lumber & Coal Co. Inc.

Ralph J. Gines, Boise, Idaho, for Redford Electric and Robert Baum, dba Baum's Heating & Air Conditioning.

Michael G. Pierce, Boise, Idaho, for Intermountain West Insulation.

Patrick J. Cole, Gigray, Miller, Downen & Weston, Caldwell, Idaho, for Overhead Door Co. of Southwestern Idaho, Inc.

Robert G. Hamlin, Boise, Idaho, for James W. Carrie and E. Sharlene Carrie.

Paul L. Westberg, Boise, Idaho, for Cantrell Plumbing.

Claire Dwyer, Collins, Manly & Williams, Boise, Idaho, for Wilson & Dodge Contractors.

MEMORANDUM DECISION AND ORDER

MERLIN S. YOUNG, Bankruptcy Judge.

Design Builders, Inc. filed a petition for relief under chapter 11 of the Code on November 28, 1979; this proceeding was converted to a chapter 7 in October, 1980. First American Title Company, as plaintiff, filed the instant interpleader action on May 19, 1981. See Rule 722, FRCP 22(1). The corpus interpleaded consists of the proceeds of the sale of three parcels of land: Lot 5, Block 1, Stone...

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