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FARMERS & MERCHANTS BANK & TRUST v. TRAIL WEST

Civ. Nos. 82-1063 to 82-1065, Bankruptcy Nos. 181-00061, 181-00062 and 181-00060, Adv. Nos. 182-0061, 182-0062 and 182-0060.

28 B.R. 389 (1983)

FARMERS & MERCHANTS BANK & TRUST OF WATERTOWN, Appellee, v. TRAIL WEST, INC., Appellant. FARMERS & MERCHANTS BANK & TRUST OF WATERTOWN, Appellee, v. Ernest M. and Arlene M. WILLIAMS, Appellant. FARMERS & MERCHANTS BANK & TRUST OF WATERTOWN, Appellee, v. W.H.I., INC., Appellant.

United States District Court, D. South Dakota, N.D.

March 15, 1983.

Attorney(s) appearing for the Case

Steven C. Turner, Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, Neb., Stuart L. Tiede, Woods, Fuller, Shultz & Smith, Sioux Falls, S.D., for appellee.

Joe A. Walters, Frederick P. Angst, O'Connor & Hannan, Minneapolis, Minn., and J. Bruce Blake, Sioux Falls, S.D., for appellants.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

Defendant debtors Ernest and Arlene Williams (Williams), Trail West, Inc. (Trail West) and W.H.I., Inc. (W.H.I.) appeal from the bankruptcy court's decision to grant plaintiff creditor Farmers & Merchants Bank & Trust of Watertown (Bank) relief from the Bankruptcy Code's automatic stay, 11 U.S.C. § 362. Each of the three named debtors had filed for reorganization bankruptcy under Chapter 11...

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