IN RE FULDA INDEPENDENT CO-OP.

Bankruptcy No. 3-89-4422, Adv. No. 3-90-83.

130 B.R. 967 (1991)

In re FULDA INDEPENDENT CO-OP, Debtor. James CHRISTENSEN, Paul Reith, Dale Bergman, Donald M. Reith, Randy C. Holinka, Ronald J. Holinka, Spencer Enninga, Marvin Storm, Daniel Fischer, Walter Ruesch, Gerald Duerr, Loren Heintz, Henry Van Der Linder, Elden Getting, Larry J. Jorgensen, Pierson Grain Farms, Thomas Ahlers, Clarence Van Mekeren, Lyle G. Busch, Kevin Busch, Terry Appel, Va Lonne Verdugt, Verlyn Ommen, Roland Buschena, Donald Kramer, Arvin Dierks, Grayson Nantkes, Jessy Nantkes, Timothy M. Daniels, E. Kremer & Sons and Robert E. Crowley, Myron Wintermantel, Plaintiffs, v. ST. PAUL BANK FOR COOPERATIVES, Defendant.

United States Bankruptcy Court, D. Minnesota, Third Division.

September 10, 1991.


Attorney(s) appearing for the Case

Thomas P. Melloy, Dorraine A. Mund, Roger J. Nierengarten, of counsel, Hall, Byers, Hanson, Steil & Weinberger, P.A., St. Cloud, Minn., for plaintiffs.

Gordon B. Conn, Jr., Faegre & Benson, Minneapolis, Minn., Phillip Erickson, Farm Credit Bank of St. Paul, St. Paul, Minn., for defendant.


GREGORY F. KISHEL, Bankruptcy Judge.

This Court has entered an order granting Plaintiffs' motion for abstention and remand to the Minnesota State Courts as to the majority of the counts of their complaint, and, sua sponte, dismissing the remaining counts with prejudice to their renewal by Plaintiffs. This memorandum is entered to set forth the rationale underlying the grants of relief in that order.

HISTORY...

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