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IN RE MIKKELSEN FARMS, INC.

Bankruptcy No. 686-09400-Wl2.

74 B.R. 280 (1987)

In re MIKKELSEN FARMS, INC., Debtor.

United States Bankruptcy Court, D. Oregon.

May 19, 1987.

Attorney(s) appearing for the Case

Wilson C. Muhlheim, Hershner, Hunter, Moulton, Andrews & Neil, Eugene, Or., for debtor.

Jennifer L. Palmquist, Dunn, Carney, Allen, Higgins & Tongue, Portland, Or., for creditor.

MEMORANDUM OPINION

POLLY S. WILHARDT, Bankruptcy Judge.

The Federal Land Bank of Spokane has objected to confirmation of the debtor-in-possession's Chapter 12 plan of reorganization. Initially the Federal Land Bank challenges the debtor-in-possession's eligibility for Chapter 12 on three theories:

1. It is not conducting a farming operation. 11 U.S.C. § 101(17)(B);

2. More than 80% of the value of its assets do not consist of assets...

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