IN RE BEAR LAKE WEST, INC.

Adv. No. 83-0686.

36 B.R. 413 (1984)

In re BEAR LAKE WEST, INC., an Idaho Corporation, Debtor. BEAR LAKE WEST, INC., debtor in possession, and Bear Lake West II, reorganized debtor, Plaintiffs, v. Heber D. STOCK and Effie S. Stock, husband and wife, Defendants.

United States Bankruptcy Court, D. Idaho.

January 27, 1984.


Attorney(s) appearing for the Case

David E. Leta of Hansen, Jones, Maycock & Leta, Salt Lake City, Utah, for plaintiffs.

Randall C. Budge of Racine, Olson, Nye, Cooper & Budge, Chartered, Pocatello, Idaho, for defendants.


MEMORANDUM DECISION AND ORDER

M.S. YOUNG, Bankruptcy Judge.

This matter is presently before the Court on cross-motions for summary judgment. The facts are not in dispute.

On September 1, 1978, defendants sold certain real property to Bear Lake West, Inc. pursuant to a contract of sale. Bear Lake West executed a deed of trust naming defendants as beneficiaries, which instrument secured performance of the purchase agreement including payment of $98...

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