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IN RE BRADDOCK

Bankruptcy No. 91-30371-7, Adv. No. 92/00068.

149 B.R. 636 (1992)

In re Elmer J. "John" BRADDOCK, and Betty A. Braddock, d/b/a 2J's Produce, Debtors. John BRADDOCK, and Betty Braddock, d/b/a 2J's Produce, Plaintiffs, v. UNITED STATES of America, By and Through the INTERNAL REVENUE SERVICE, Defendant.

United States Bankruptcy Court, D. Montana.

October 20, 1992.

Attorney(s) appearing for the Case

Doris M. Poppler, U.S. Atty., Joan Steele Dennett, Sp. Asst. U.S. Atty., Helena, MT, for debtors/defendants.

Jon R. Binney, Milodragovich, Dale & Dye, P.C., Missoula, MT, for plaintiffs.

ORDER

JOHN L. PETERSON, Bankruptcy Judge.

At Butte in said District this 20th day of October, 1992.

In this Adversary Proceeding the Debtors/Plaintiffs filed a motion for summary judgment on September 14, 1992. The parties have filed briefs, and submitted stipulated facts on September 3, 1992. This matter is deemed submitted and ripe for decision.

At issue is whether the Debtors' homestead exemption is entitled to priority over the Defendant...

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