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MATTER OF BALLENTINE BROS., INC.

Bankruptcy No. BK83-182, Adv. No. A86-307.

86 B.R. 198 (1988)

In the Matter of BALLENTINE BROS., INC., Debtor. The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Plaintiff, v. BALLENTINE BROS., INC.; Adams Bank & Trust Company; the County of Keith, Nebraska; Firmin Q. Feltz; the United States of America, Acting Through the Farmers Home Administration, United States Department of Agriculture, Defendant.

United States Bankruptcy Court, D. Nebraska.

May 12, 1988.

Attorney(s) appearing for the Case

John Pierce and Daniel Klaus of Rembolt, Ludtke, Parker & Berger, Lincoln, Neb., for Equitable.

Steven Turner of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, Neb., for Adams Bank & Trust Co.

Wayne Griffin, North Platte, Neb., for Firmin Q. Feltz.

Vince Powers, Lincoln, Neb., for Keith County.

David Hahn, Lincoln, Neb., for Ballentine Bros., Inc.

MEMORANDUM

TIMOTHY J. MAHONEY, Bankruptcy Judge.

An evidentiary hearing on the Equitable Life Assurance Society of the United States ("Equitable") request for declaratory judgment was held December 7, 1987, at North Platte, Nebraska. John Pierce and Daniel Klaus of Rembolt, Ludtke, Parker & Berger of Lincoln, Nebraska, appeared for Equitable; Steven Turner of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim of Omaha, Nebraska, appeared for Adams...

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