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IN RE MORTENSON

Bankruptcy No. 383-00021, Adv. No. 383-0039.

41 B.R. 827 (1984)

In re Jerry Lloyd MORTENSON, Debtor. Thomas M. MAHER, Trustee, Plaintiff, v. Mr. and Mrs. Sam MORTENSON and Patty Mortenson, Defendants.

United States Bankruptcy Court, D. South Dakota.

August 31, 1984.

Attorney(s) appearing for the Case

Richard L. Bode, Maher, Bastian & Bode, Pierre, S.D., for plaintiff.

A.N. Buckmeier, Bormann, Buckmeier & Bormann, Mobridge, S.D., for defendants.

Brent A. Wilbur, May, Adam, Gerdes & Thompson, Pierre, S.D., for Dewey County State Bank.

MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

There is an adage in the legal business that once a case gets convoluted, it continues that way and probably gets worse. The above-entitled case certainly falls within that category.

Somehow, the Court finds itself in the position of deciding the validity, priority, and extent of two competing liens when neither party has filed a complaint to commence such an action. See Bankr.R.P. 7001...

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