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IN RE MISSOURI RIVER SAND & GRAVEL, INC.

Bankruptcy No. 81-05434, Adv. No. 87-7020.

88 B.R. 1006 (1988)

In re MISSOURI RIVER SAND & GRAVEL, INC., Debtor. William P. WESTPHAL, Trustee of the Estate of Missouri River Sand and Gravel, Inc., Plaintiff, v. NORWEST BANK, Bismarck, North Dakota, f/k/a Dakota Northwestern Bank, NA, Defendant.

United States Bankruptcy Court, D. North Dakota.

May 27, 1988.

Attorney(s) appearing for the Case

Phillip D. Armstrong, Minot, N.D., for trustee.

Lawrence R. Klemin, Bismarck, N.D., for defendant.

MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

This matter is before the court on competing motions for summary judgment. Norwest Bank (Bank) filed its Motion for Summary Judgment of Dismissal on March 22, 1988, and the trustee, William P. Westphal (Trustee), filed a Cross-Motion for Summary Judgment on March 30, 1988. Westphal, a successor Chapter 7 trustee, commenced the instant adversary action on March 6, 1987. He seeks recovery of a $27,500...

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