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IN RE EMMER BROS. CO.

Bankruptcy No. 4-82-957, Adv. 4-84-213, Civ. No. 4-85-679.

52 B.R. 385 (1985)

In re EMMER BROTHERS COMPANY, Debtor. F & M MARQUETTE NATIONAL BANK, Plaintiff, v. EMMER BROTHERS COMPANY, Defendant.

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

July 18, 1985.

Attorney(s) appearing for the Case

J. Patrick McDavitt, Briggs & Morgan, Minneapolis, Mn., for plaintiff.

Scott A. Johnson, Robins, Zelle, Larson & Kaplan, Minneapolis, Mn., for defendant.

James H. Levy, Oppenheimer, Wolff, Foster, Shepard & Donnelly, St. Paul, Mn., for Committee of Unsecured Creditors.

Paul J. Scheerer, Dorsey & Whitney, Minneapolis, Mn., for First Trust of Montana.

McLAUGHLIN, District Judge.

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff's appeal from the March 29, 1985 Order of the bankruptcy court granting defendant debtor's motion to dismiss. The Order of the bankruptcy court will be reversed and the case will be remanded for further proceedings.

FACTS

The plaintiff-appellant in this case is F & M Marquette National Bank (Marquette). The defendant-appellee debtor...

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