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IN RE APACHE CONST., INC.

Bankruptcy No. 682-07027, Adv. Nos. 682-7183, 682-7184.

34 B.R. 415 (1983)

In re APACHE CONSTRUCTION, INC., Debtor-in-possession. APACHE CONSTRUCTION, INC., Plaintiff, v. The STATE OF OREGON; Jane Huston, in her capacity as Director of the Department of Commerce for the State of Oregon; Warren Hearle, in his capacity as Administrator of the State of Oregon Builder's Board; All American Lumber Yard, Inc., an Oregon corporation, Defendants. APACHE CONSTRUCTION, INC., Plaintiff, v. The STATE OF OREGON; Jane Huston, in her capacity as Director of the Department of Commerce for the State of Oregon; Warren Hearle, in his capacity as Administrator of the State of Oregon Builder's Board; Scharpf's Twin Oaks Building Supply Co., an Oregon corporation, Defendants.

United States Bankruptcy Court, D. Oregon.

July 27, 1983.

Attorney(s) appearing for the Case

Barry Taub, Eugene, Or., for plaintiff.

Kathleen Dahlin, Salem, Or., for defendants.

MEMORANDUM OPINION

C.E. LUCKEY, Bankruptcy Judge.

These two related adversary proceedings are before the Court on cross-motions for summary judgment. The parties have submitted stipulated facts and agree that no genuine issue of material fact exists. Plaintiff debtor-in-possession, Apache Construction, Inc., (Apache) seeks a determination that defendant, State of Oregon, Builder's Board, violated the automatic stay of 11 U.S.C. § 362 in disposing of...

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