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IN RE WELCH RATHOLE SERVICE

Bankruptcy No. 82-05616, Adv. No. 83-7084.

35 B.R. 503 (1983)

In re WELCH RATHOLE SERVICE, a partnership, Debtor. WELCH RATHOLE SERVICE, a partnership, Plaintiff, v. CONSTRUCTION CONSULTING LABORATORY, INC., d/b/a Stata-Dyne, Inc., a Texas corporation, Defendant.

United States Bankruptcy Court, D. North Dakota.

November 15, 1983.

Attorney(s) appearing for the Case

Ross H. Espeseth, of Rosenberg, Evans, Moench & Baird, Bismarck, N.D., for plaintiff/debtor.

Jack McDonald, Jr., of Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, P.C., Bismarck, N.D., for defendant.

MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

On February 22, 1983, the Debtor brought the instant adversary action seeking the turnover to the estate of a mobile oil drilling rig which the Defendant/dealer had allegedly repossessed after the bankruptcy petition had been filed. Recovery is sought pursuant to 11 U.S.C. § 542(a) and, in addition, the Plaintiff seeks damages occasioned by its loss of use. The Defendant in its answer admitted...

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