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MATTER OF SCHWEN'S, INC.

Bankruptcy No. 2-75-575(C).

19 B.R. 681 (1981)

In the Matter of SCHWEN'S, INC., Bankrupt. GEO. BENZ & SONS, d/b/a Oak Grove Dairy, Plaintiff, v. Thomas G. LOVETT, Trustee of Bankrupt Estate of Schwen's, Inc.; American Insurance Company; and James Levy, Defendants.

United States Bankruptcy Court, D. Minnesota, Second Division.

September 30, 1981.

Attorney(s) appearing for the Case

Thomas, King, Swenson, Collatz & Ryan, P.A. and Carl A. Swenson, and James J. Ryan, St. Paul, Minn., for plaintiff and claimant George Benz & Sons, d/b/a Oak Grove Dairy.

Dorsey, Windhorst, Hannaford, Whitney & Halladay and Paul J. Scheerer, Minneapolis, Minn., for defendant Thomas G. Lovett, Trustee of the Bankrupt estate of Schwen's Inc.

Robins, Zelle, Larson & Kaplan, by David F. Herr, Minneapolis, Minn., for defendant James H. Levy.

Blethen, Gage, Krause, Blethen, Corcoran, Berkland & Peterson and Stephen P. Rolfsrud, Mankato, Minn., for claimant, People's Savings & Loan Ass'n of Albert Lea.

FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER

JOHN J. CONNELLY, Bankruptcy Judge.

The Court has before it for determination two adversary matters commenced by Geo. Benz & Sons, d/b/a Oak Grove Dairy, a scheduled secured creditor, in the above-entitled proceedings.

Benz filed an administrative claim in the original amount of $125,000.00 on September 2, 1976 for damages said to have resulted from injuries to mortgaged property securing its debt...

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