IN RE MARTIN

Nos. 84-1766 to 84-1768.

761 F.2d 472 (1985)

In re Ray O. MARTIN and Joan Y. Martin, husband and wife, Debtors. Ray O. MARTIN, a/k/a Ray A. Martin and Joan Y. Martin, husband and wife, Appellants, v. UNITED STATES of America, acting through the COMMODITY CREDIT CORPORATION, an agency of the United States Dept. of Agriculture, Appellees. Ray O. MARTIN, a/k/a Ray A. Martin and Joan Y. Martin, husband and wife, Appellants, v. PRODUCTION CREDIT ASSOCIATION OF FARGO, NORTH DAKOTA, Appellee. (Two Cases) In re Curtis Norman BERG and Kathryn Yvonne Berg, husband and wife, Debtors. Curtis Norman BERG and Kathryn Yvonne Berg, husband and wife, Appellants, v. UNITED STATES of America, acting through the COMMODITY CREDIT CORPORATION, an agency of the United States Department of Agriculture, Appellees. In re Thomas NIKOLAISEN and Claudia Nikolaisen, husband and wife, Debtors. Thomas NIKOLAISEN and Claudia Nikolaisen, husband and wife, Appellants, v. UNITED STATES of America, acting through the COMMODITY CREDIT CORPORATION, an agency of the United States Department of Agriculture, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 7, 1985.


Attorney(s) appearing for the Case

Daniel L. Wentz, Fargo, N.D., for appellants.

Rodney S. Webb, Fargo, N.D., for appellees.

Before HEANEY, ROSS and FAGG, Circuit Judges.


FAGG, Circuit Judge.

Appellants (debtors) are farmers in North Dakota who have filed petitions for reorganization under Chapter 11 of the Bankruptcy Code. They appeal from the district court's decision barring them from selling grain, stored on their property but mortgaged to Commodity Credit Corporation (CCC), and using the cash proceeds to finance their 1984 farming operations. CCC is an agency of the United States government whose primary purpose is to stabilize...

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