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IN RE EVATT

Bankruptcy No. Bk. 88-4446 TS, No. CIV 89-1131-R.

112 B.R. 417 (1990)

In re Jerry Garland EVATT and Carol June Evatt, Debtors. UNITED STATES of America, for FARMERS HOME ADMINISTRATION, Appellants, v. Jerry Garland EVATT, Debtor Charles Underwood, on Behalf of Chapter 12 Debtors Similarly Situated, Jack Cornelius, Chapter 12 Trustee, Appellees.

United States District Court, W.D. Oklahoma.

March 8, 1990.

Attorney(s) appearing for the Case

Herbert M. Graves, Joel W. Harmon, Susan Dennehy Conrad, Sullivan, Graves & Densmore, Oklahoma City, Okl., for debtors.

Kay D. Sewell, Asst. U.S. Atty., Oklahoma City, Okl., for FmHA.

W. Rogers Abbott, II, Abbott & Gordon, Oklahoma City, Okl., for trustee.

Charles R. Underwood, Rick Poland, Oklahoma City, Okl., amicus brief, on behalf of other chapter 12 debtors similarly situated.

MEMORANDUM OPINION AND ORDER

DAVID L. RUSSELL, District Judge.

The United States of America, for Farmers Home Administration (FmHA), appeals from an Order of the bankruptcy court denying FmHA's motion for relief from the automatic stay to set-off amounts owed by the Commodity Credit Corporation (CCC) under five Agricultural Stabilization and Conservation Service (ASCS) contracts with the Debtor1 against the amount the Debtors...

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