IN RE SCHWEN'S, INC.

BKY 2-75-575(C), Civ. 4-80-114.

20 B.R. 638 (1982)

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

United States District Court, D. Minnesota, Fourth Division.

April 15, 1982.


Attorney(s) appearing for the Case

James J. Ryan, Thomas, King, Swenson, Collatz & Ryan, P.A., St. Paul, Minn., for plaintiff.

David F. Herr, Maslon, Edelman, Borman, Brand & McNulty, Minneapolis, Minn., for defendant James H. Levy.

Paul J. Scheerer, Dorsey & Whitney, Minneapolis, Minn., for defendant Thomas G. Lovett, Jr., trustee of bankrupt estate of Schwen's, Inc.

Jerome B. Simon, Maun, Green, Hayes, Simon, Murray & Johanneson, St. Paul, Minn., for defendant American Ins. Co.


MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

FACTS

This matter is before the Court on the plaintiff's appeal and defendant Thomas G. Lovett's cross-appeal from the United States Bankruptcy Court's findings of fact and conclusions of law dated September 30, 1981, 19 B.R. 681 (Bkrtcy.). The bankruptcy court had before it two adversary cases commenced by George Benz & Sons, d/b/a Oak Grove Dairy (Benz), a scheduled...

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