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IN RE COUNTRY CLUB MARKET, INC.

Civ. File No. 3-94-45.

175 B.R. 1005 (1994)

In re COUNTRY CLUB MARKET, INC., Debtor. DAIRY FRESH FOODS, INC., Plaintiff/Appellant, v. James E. RAMETTE, Trustee of the bankruptcy estate of Country Club Market, Inc., Defendant/Appellee.

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

June 27, 1994.

Attorney(s) appearing for the Case

Clinton E. Cutler, Kimberly J. Nordby, Fredrikson & Byron, Minneapolis, MN, for Dairy Fresh Foods, Inc.

Randall Lee Seaver, Morris Fuller & Seaver, Minneapolis, MN, for James E. Ramette, Trustee of the Bankruptcy Estate of Country Club Market, Inc.

ORDER

MAGNUSON, Chief Judge.

This matter is before the Court upon Plaintiff's appeal of the Order for Summary Judgment issued by the bankruptcy court on December 29, 1993. 162 B.R. 226. Upon a de novo review of the pleadings, memorandum of counsel, and the entire file, this Court reverses the bankruptcy court and holds that as a matter of law Minn.Stat. § 27.138 creates a statutory trust and that the funds held...

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