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IN RE SCHWEN'S, INC.

No. 82-1515.

693 F.2d 48 (1982)

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

United States Court of Appeals, Eighth Circuit.

Decided November 18, 1982.

Attorney(s) appearing for the Case

Dorsey & Whitney, Paul J. Scheerer, Joseph H. Andersen, Minneapolis, Minn., for appellee Thomas G. Lovett, Trustee of Bankrupt Estate of Schwen's, Inc.

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

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

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and DUMBAULD, Senior District Judge.

PER CURIAM.

This is an adversary proceeding under the Bankruptcy Act of 1898, as amended. The plaintiff, George Benz & Sons, is a secured creditor of the bankrupt, Schwen's, Inc., a maker of ice cream in Blue Earth, Minnesota. The plaintiff held a mortgage on the real estate used by Schwen's in its business. Plaintiff claims that James H. Levy, formerly trustee of the bankrupt estate, unlawfully sold some equipment that had been attached to Schwen's building as...

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