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MATTER OF JOY

Bankruptcy No. BK92-41752. Adv. No. A93-4010.

169 B.R. 931 (1994)

In the Matter of Kirby E. JOY and Ruth N. Joy, d/b/a Joys Genetics, Debtors. AMERICAN NATIONAL BANK, Plaintiff, v. Kirby E. JOY and Ruth N. Joy, et al., Defendants.

United States Bankruptcy Court, D. Nebraska.

July 8, 1994.

Attorney(s) appearing for the Case

Richard P. Garden, Jr., Lincoln, NE, for American Nat. Bank.

John Vodra and Victor Lich, Omaha, NE, for Clayton Burke Walter, d/b/a Martin Bros. & Co.

John Hahn, Lincoln, NE, for Mary Ann Teten, James Teten, Walter Teten and Greg Teten, d/b/a Alvin Teten & Sons.

John M. Guthery, Lincoln, NE, for Kirby E. Joy and Ruth N. Joy, d/b/a Joys Genetics.

Victor E. Covalt, III, Lincoln, NE, for Chapter 11 Trustee.

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

This case involves competing claims between American National Bank, secured creditor of the debtors, and an alleged purchaser of hogs from the debtors as to the proceeds from the sale of approximately 1,704 head of hogs by the trustee in March of 1993 (See Ex. 139g). At trial it was established that the debtors had "sold" a number of the same hogs to more than one party, with each "purchaser" believing...

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