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MATTER OF VAN KYLEN

Adv. No. 87-0070-7.

98 B.R. 455 (1989)

In the Matter of Raymond R. VAN KYLEN, Debtor. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Plaintiff, v. Raymond R. VAN KYLEN, William J. Rameker, Trustee, Lillian Van Kylen, Citizens State Bank, Defendants.

United States Bankruptcy Court, W.D. Wisconsin.

April 4, 1989.

Attorney(s) appearing for the Case

Roy L. Prange, Jr., Ross & Stevens, S.C., Madison, Wis., for Citizens State Bank.

Michael S. Varda, Huggett, Schumacher, Morgan, S.C., Madison, Wis., for Merrill Lynch, Pierce, Fenner & Smith, Inc.

William S. Holland, McBurney, Perina, Wyngaard, Wilson & Raymond, Madison, Wis., for Raymond and Lillian Van Kylen.

MEMORANDUM DECISION

ROBERT D. MARTIN, Chief Judge.

This is an interpleader action to determine the rights of the Citizens State Bank (the "Bank"), the bankruptcy trustee, and the debtor's spouse in $50,000.00 currently held by Merrill Lynch, Pierce, Fenner & Smith, Inc. ("Merrill Lynch, Inc."). The Bank claims ownership of the entire $50,000.00 by virtue of the prepetition enforcement of a security interest....

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