IN RE CASSIDY LAND AND CATTLE CO., INC.

No. 87-1181.

836 F.2d 1130 (1988)

In re CASSIDY LAND AND CATTLE CO., INC., Debtor. Robert F. CRAIG, Trustee of Cassidy Land and Cattle Co., Inc., Appellee, v. McCARTY RANCH TRUST, et al, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 12, 1988.

Rehearing Denied February 10, 1988.


Attorney(s) appearing for the Case

William J. Rieb, Sioux City, Iowa, for appellant.

Robert Craig, Omaha, Neb., for appellee.

Before HEANEY, Circuit Judge, ROSS, Senior Circuit Judge, and BOWMAN, Circuit Judge.


ROSS, Senior Circuit Judge.

This matter arises out of an adversary proceeding brought by Robert F. Craig, in his capacity as trustee for the debtor/appellee, Cassidy Land & Cattle Company, Inc. (Cassidy Land) seeking to foreclose upon certain mortgages held by the bankrupt estate and executed in favor of the bankrupt by the appellant, McCarty Ranch Trust.

On July 19, 1982, appellee filed a petition for voluntary bankruptcy under Chapter 11 of the Bankruptcy...

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