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U.S. DEPT. OF HEALTH AND HUMAN SERVICES v. SMITH

No. 86-5110.

807 F.2d 122 (1986)

UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Appellant, v. Robert Porter SMITH and Julie Rose Smith, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 4, 1986.

Attorney(s) appearing for the Case

Rodney S. Webb, U.S. Atty., Fargo, N.D., for appellant.

Michael O'Neel, Fargo, N.D., for appellees.

Before LAY, Chief Judge, BOWMAN and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge.

The United States Department of Health and Human Services ("appellant") appeals from an order entered January 2, 1986 in the District of North Dakota, Paul Benson, Chief Judge, affirming a judgment of the Bankruptcy Court, William A. Hill, Bankruptcy Judge, entered June 26, 1985. The latter judgment dismissed appellant's complaint in an adversary proceeding against Robert Porter Smith and Julie Rose Smith ("Robert"; "Julie"; or...

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