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IN RE CLOTHES, INC.

Bankruptcy No. 81-05004, Civ. No. A4-83-142.

40 B.R. 997 (1984)

In re CLOTHES, INC., d/b/a Jay's Mens Shop and Mr. D's, Debtor. Phillip D. ARMSTRONG, Trustee of the Estate of Clothes, Inc., d/b/a Jay's Mens Shop and Mr. D's, Appellant, v. FIRST NATIONAL BANK, MINOT, NORTH DAKOTA; Elliott Obedin; Gregory C. DeMakis; C. Morris Anderson; and Young America, Inc., Appellees.

United States District Court, D. North Dakota, Northwestern Division.

June 14, 1984.

Attorney(s) appearing for the Case

Phillip D. Armstrong, Minot, N.D., for appellant.

Michael G. Sturdevant, Minot, N.D., for appellees.

MEMORANDUM AND ORDER

VAN SICKLE, District Judge.

The trustee of the bankrupt estate has appealed the decision of the bankruptcy court, the Honorable Harold O. Bullis (since deceased) presiding. The trustee is concerned that the First National Bank of Minot may have received an unlawful preference. The bank held a first security lien on the stock and fixtures of Clothes, Inc. —a men's clothing store which for a time had two outlets in Minot, North...

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