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IN RE WHITMAN

Bankruptcy No. 82-05643, Adv. No. 83-7070.

38 B.R. 395 (1984)

In re James W. WHITMAN and Cheryl Whitman, Debtors. James WHITMAN and Cheryl Whitman, Plaintiffs, v. SEEDTEC INTERNATIONAL, INC., Defendants.

United States Bankruptcy Court, D. North Dakota.

February 15, 1984.

Attorney(s) appearing for the Case

Jonathan R. Fay, Fargo, N.D., for plaintiffs.

William A. Schlossman, Jr., Fargo, N.D., for defendants.

MEMORANDUM OPINION

WILLIAM A. HILL, Bankruptcy Judge.

This case was commenced by the Debtors, James and Cheryl Whitman, on February 10, 1983, seeking turnover of sales commissions allegedly due the Plaintiff, James Whitman (Whitman), from the Defendant, SeedTec International, Inc. (SeedTec). SeedTec admits a commission was earned but claims a setoff pursuant to section 553 of the Code. The parties have stipulated to the facts and have agreed the Court may...

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