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IN RE SAVIG

Bankruptcy No. 4-83-1342, Adv. No. 4-83-335, Civ. No. 4-84-1073.

50 B.R. 1003 (1985)

In re Roger E. SAVIG and Margaret F. Savig, d/b/a Savig Seed & Chemical, Debtors. Roger E. SAVIG and Margaret F. Savig, Plaintiffs/Respondents, v. AMERICANA STATE BANK OF DANUBE, Defendant/Appellant.

United States District Court, D. Minnesota, Fourth Division.

July 16, 1985.

Attorney(s) appearing for the Case

Elizabeth L. Zerby, Kempf, Orey, Landsman & Zerby, P.A., St. Paul, Minn., for plaintiffs/respondents.

Gary D Pihlstrom, Gustafson & Adams, P.A., Edina, Minn., for defendants/appellants.

Richard D. Anderson, Briggs and Morgan, St. Paul, Minn.

John S. Jackson, Gen. Counsel, Minneapolis, Minn., for amicus curiae Minn. Bankers Ass'n.

MEMORANDUM AND ORDER

LORD, Senior District Judge.

This matter comes before the court upon defendant American State Bank's appeal from an order of the Bankruptcy court, the Hon. Margaret A. Mahoney, which held that the Bank improperly applied funds on deposit from the Savigs, debtors herein, to their indebtedness. The parties litigated the case below upon the issue of the availability of setoff, as provided by Title 11, U.S.C. Section 553(b). The Bankruptcy...

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