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IN RE SAPP

Bankruptcy No. 87-01364-C, Adv. No. 88-0719-C.

98 B.R. 481 (1989)

In re Gary Michael SAPP & Sara Francis Sapp, Debtors. UNITED STATES of America, Plaintiff, v. Jack E. BROWN, Trustee, Gary Michael Sapp, Sara Francis Sapp, a/k/a d/b/a Tarleton Development Corp., Inc., Defendants.

United States Bankruptcy Court, W.D. Missouri, C.D.

April 4, 1989.

Attorney(s) appearing for the Case

Gay L. Tedder, Asst. U.S. Atty., Kansas City, Mo., for plaintiff.

Christy Barton, Jefferson City, Mo., for Trustee.

Jack E. Brown, Trustee, Columbia, Mo.

MEMORANDUM OPINION

FRANK W. KOGER, Bankruptcy Judge.

BACKGROUND

This matter regards the Plaintiff's Complaint For Reclamation in which plaintiff seeks to reclaim from the Trustee of the debtors' Chapter 7 estate the proceeds Trustee received as an award in condemnation of a portion of a parcel of real property for which Plaintiff holds a deed of trust securing a note. The facts of this case as stipulated are as follows:

In August of 1980...

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