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IN RE HAUGEN

Nos. 92-2581, 92-2632.

998 F.2d 1442 (1993)

In re Gary HAUGEN, Debtor. BUTLER MACHINERY, INC., on behalf of itself and all others similarly situated, Appellant/Cross-Appellee, v. Gary HAUGEN, doing business as Haugen Construction Service, doing business as Property Investors, doing business as Haugen Farms, individually; Minot Sand & Gravel, Inc., a North Dakota corporation; Haugen Development, a North Dakota corporation; XYZ Corporation, a corporation or corporations whose true identity is presently unknown to plaintiff, Appellees/Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 22, 1993.

Rehearing and Suggestion for Rehearing Denied September 8, 1993.

Attorney(s) appearing for the Case

Terry C. Smith, New Brighton, MN, argued (James H. Levy, St. Paul, MN and Terry C. Smith, on the brief), for appellant/cross-appellee.

Robert S. Rau, Minot, ND, argued (Robert S. Rau and Max D. Rosenberg, Bismarck, ND, on the brief), for appellee/cross-appellant.

Before FAGG, MAGILL, and HANSEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 8, 1993.

MAGILL, Circuit Judge.

Butler Machinery appeals from the bankruptcy court's order fixing the amount of its claim in Gary Haugen's personal bankruptcy. Gary Haugen1 cross-appeals from the bankruptcy court's denial of his motion for turnover of property. We affirm in part, reverse in part, and remand.

I. BACKGROUND

The appellant, Butler Machinery...

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