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IN RE SCHERBENSKE EXCAVATING, INC.

Bankruptcy No. 82-05389.

38 B.R. 84 (1984)

In re SCHERBENSKE EXCAVATING, INC., Debtor.

United States Bankruptcy Court, D. North Dakota.

February 8, 1984.

Attorney(s) appearing for the Case

James D. Geyer, Dickinson, N.D., for Fisher Sand and Gravel.

Max Rosenberg, Bismarck, N.D., for First Bank of Jamestown.

David Johnson, Fargo, N.D., for debtor.

Jon Brakke, Fargo, N.D., for Dakota First Trust Co.

William Westphal, Minneapolis, Minn., U.S. Trustee.

ORDER

WILLIAM A. HILL, Bankruptcy Judge.

Before the Court is a Motion filed by the Debtor on January 17, 1983, seeking authority to (a) pay the IRS the Debtor's North Dakota tax refund in the amount of $20,403.54 and (b) to pay over to First Bank of North Dakota—Jamestown (Bank) monies deposited into the Court by Ames Construction, Inc. in the amount of $27,795.87. Fisher Sand & Gravel Company (Fisher) and Dakota First Trust Company (Dakota) claim...

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