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IN RE JOHN W. STOLLER, INC.

Bankruptcy No. 392-37358-dds7. Adv. No. 93-3561. Civ. No. 95-59-FR.

178 B.R. 260 (1995)

In re JOHN W. STOLLER, INC., Debtor. Edward C. HOSTMANN, Trustee, Plaintiff, v. WILBUR-ELLIS COMPANY, a California corporation; Household Finance Corporation II, a Delaware corporation; Cuddy Farms, Inc., an Oregon corporation; John W. Stoller and Joann M. Stoller, husband and wife; Wilbur A. Stoller and Helen L. Stoller, husband and wife, Defendants.

United States District Court, D. Oregon.

February 28, 1995.

Attorney(s) appearing for the Case

Annette T. Kolodzie, Gary L. Blacklidge, David A. Foraker, Greene & Markley, P.C., Portland, OR, for defendant Wilbur-Ellis Co.

James Ray Streinz, McEwen, Gisvold, Rankin, Carter & Streinz, Portland, OR, for defendant Household Finance Corp. II.

OPINION

FRYE, District Judge:

In the matter before the court, defendant Wilbur-Ellis Company appeals from the final judgment of the bankruptcy court entered on September 22, 1994.

The undisputed facts are set forth in the opinion of the Honorable Donal D. Sullivan, United States Bankruptcy Judge for the District of Oregon, filed on September 22, 1994. The undisputed facts are as follows:

Wilbur and Helen Stoller sold the property [known...

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