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IN RE KALENZE

Bankruptcy No. 93-30324. Adv. No. 94-7007.

175 B.R. 35 (1994)

In re Linus Marc KALENZE and Renee Marie Kalenze, Debtors. Linus Marc KALENZE and Renee Marie Kalenze, Plaintiffs, v. FEDERAL CROP INSURANCE CORPORATION, an agency of the United States Department of Agriculture, Defendant.

United States Bankruptcy Court, D. North Dakota.

August 3, 1994.

Attorney(s) appearing for the Case

Ervin Lee, Minot, ND, for debtors/plaintiffs.

Clare Hochhalter, Bismarck, ND, for defendant.

Phillip D. Armstrong, Trustee, Minot, ND.

MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

This matter arose by Complaint filed January 28, 1994, with the plaintiffs/Debtors claiming the defendant Federal Crop Insurance Corporation (FCIC), effectuated a prepetition setoff which constitutes a recoverable preference. The plaintiffs moved for summary judgment and the parties, by stipulation, have agreed that no genuine issue of fact exists and the issue may be resolved as a matter of...

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