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IN RE MOUNT MORIAH ELEVATOR, INC.

Bankruptcy No. 92-50405, Adv. No. 92-5019.

143 B.R. 905 (1992)

In re MOUNT MORIAH ELEVATOR, INC., Debtor. Bruce E. STRAUSS, Trustee, Plaintiff, v. STATE OF MISSOURI DEPARTMENT OF AGRICULTURE, Defendant.

United States Bankruptcy Court, W.D. Missouri.

Motion for Stay Pending Appeal Denied October 1, 1992.

Attorney(s) appearing for the Case

Scott B. Haines, Merrick, Baker, Fox, Hufft & Strauss, Kansas City, Mo., for plaintiff.

Mark Weaver, State of Mo., Office of Atty. Gen., Jefferson City, Mo., for defendant.

MEMORANDUM OPINION

ARTHUR B. FEDERMAN, Bankruptcy Judge.

This is a grain elevator Chapter 7 case. The Chapter 7 trustee has filed a Complaint for Turnover of certain funds held by the Missouri Department of Agriculture ("the Department"). The Department has moved to dismiss such Complaint pursuant to the Eleventh Amendment to the United States Constitution, and also based on its contention that the monies held by it are not an asset of the debtor's bankruptcy...

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