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IN RE LAND

Bankruptcy No. 85-00868, Adv. No. A88-4025.

86 B.R. 625 (1988)

In re Dennis L. LAND and Carla M. Land, Debtors. Dennis L. LAND and Carla M. Land, Plaintiffs, v. Virgil STONESTREET; Elsie Stonestreet; Galen Stehlik; Kermit Jones; William Norton; United States of America; acting through Commodity Credit Corporation; Bruce Bartu; United States of America, acting through Farmers Home Administration; and Timothy Mahoney, Defendants.

United States Bankruptcy Court, D. Nebraska.

June 13, 1988.

Attorney(s) appearing for the Case

Susan Knight, Lincoln, Neb., for

MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

The defendant, Timothy J. Mahoney, has moved to dismiss under Fed.R.Civ.P. 12(b)(5) & (6), and also on the theory of immunity. The motion is accompanied by an affidavit. When matters outside the pleadings are presented on a motion to dismiss, and the motion is treated as a motion for summary judgment under Rule 56, "all parties shall be given reasonable...

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