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IN RE TURNER

Nos. 94-6191, 94-6208.

59 F.3d 1041 (1995)

In re Curtis Lawayne TURNER and Rita Gail Turner, Debtors, Curtis Lawayne TURNER and Rita Gail Turner, Appellees/Cross-Appellants, v. SMALL BUSINESS ADMINISTRATION, the Administrator of the Small Business Administration, an Agency of the Government of the United States of America, Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

July 10, 1995.

Attorney(s) appearing for the Case

Cynthia L. Alexander, Civ. Div. (Frank W. Hunger, Asst. Atty. Gen., Washington, DC, Vicki Miles-LaGrange, U.S. Atty., Rosalee Morris, Sp. Asst. U.S. Atty., Oklahoma City, OK, J. Christopher Kohn and Tracy J. Whitaker, Civ. Div., U.S. Dept. of Justice, Washington, DC, with her on the briefs), U.S. Dept. of Justice, Washington, DC, for appellant/cross-appellee.

Kenneth L. Peacher (Thomas J. Steece with him on the brief), Steece, Mathews, Gray & Peacher, P.C., Oklahoma City, OK, for appellees/cross-appellants.

Before HENRY and McKAY, Circuit Judges, and VRATIL, District Judge.

McKAY, Circuit Judge.

The Small Business Administration ("SBA") appeals the entry of summary judgment against it in this Chapter 12 bankruptcy case. On September 17, 1993, the bankruptcy court granted summary judgment in the amount of $24,599.35 in favor of the Turners, ruling that the United States had improperly set off Agricultural Stabilization and Conservation Service ("ASCS") payments due the Turners against the Turners...

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