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IN RE ALLEN

Bankruptcy No. 382-01740, Adv. No. 82-0847.

32 B.R. 93 (1983)

In re Rex ALLEN and Patricia L. Allen, dba Rebet Logging and FTBA Patti-Jo's, Debtors. CLACKAMAS COUNTY BANK, an Oregon corporation, Plaintiff, v. INTERNAL REVENUE SERVICE and Robert K. Morrow, Trustee, Defendants.

United States Bankruptcy Court, D. Oregon.

June 30, 1983.

Attorney(s) appearing for the Case

Bradley O. Baker, Portland, Or., for plaintiff.

Herbert C. Sundby, U.S. Atty., Portland, Or., for I.R.S.

David A. Foraker, Portland, Or., for trustee.

MEMORANDUM GRANTING SUMMARY JUDGMENT TO CLACKAMAS COUNTY BANK

DONAL D. SULLIVAN, Bankruptcy Judge.

Clackamas County Bank (the bank) and the Internal Revenue Service (I.R.S.) each filed pleadings to recover $10,684.00 resulting from the sale by the trustee of the debtors' logging equipment. The trustee, who asserted no interest, deposited the funds into Court. Both claimants moved for summary judgment. The I.R.S. based its claim on a prior filing of a tax...

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