MATTER OF MERCHANTS GRAIN BY AND THROUGH MAHERN

No. 95-2625.

93 F.3d 1347 (1996)

In the Matter of MERCHANTS GRAIN, INCORPORATED, By and Through receiver, Edmund M. MAHERN, Debtor. Appeal of Edmund M. MAHERN, Trustee for Merchants Grain, Incorporated.

United States Court of Appeals, Seventh Circuit.

Decided August 27, 1996.


Attorney(s) appearing for the Case

Joseph H. Yeager, Jr. (argued), James M. Carr, Wendy W. Ponader, Baker & Daniels, Indianapolis, IN, for Edmund M. Mahern, Merchants Grain, Incorporated.

J. Anthony Logan, Wright & Logan, Dublin, OH, for Mark Atkins, Chris Atkins, Charles Dresbach & Son, Gary Graham, John Perry, Larry Starling, Linda Andrews, Larry Augenstein, Robert Belt, Candlehill Farm, Robert Thomas, William Thomas, Jr., Scott Dever.

John Perry, Delaware, OH, pro se.

Brian Shonk, Lancaster, OH, for Phil Leitnaker.

Dave Shade, Delaware, OH, for Ohiogro, Incorporated.

John Timmons, Lockbourne, OH, pro se. John Street, Chillicothe, OH, for Herron Farms.

Rankin M. Gibson, Columbus, OH, for Rene Schreck.

Richard T. Ricketts, Michelle T. Sutter, Ricketts & Onda Company, Columbus, OH, for Dick Brenner.

William B. Logan, Jr. (argued), Kenneth M. Richards, Luper, Wolinetz, Sheriff & Neidenthal, Columbus, OH, for Ohio Agricultural Fund.

Kenneth M. Richards, Luper, Wolinetz, Sheriff & Neidenthal, Columbus, OH, Cheryl Minsterman (argued), Ohio Department of Agriculture, Reynoldsburg, OH, for Ohio Department of Agriculture.

Glen Elfrink, Hilliard, OH, pro se.

Jack Utzinger, Grove City, OH, pro se.

Before CUMMINGS, BAUER, and MANION, Circuit Judges.


MANION, Circuit Judge.

The bankruptcy trustee for Merchants Grain, Inc. filed this action to recover payments made to farmers for the sale of their grain and to include those payments in the bankruptcy estate. The bankruptcy court and the district court ruled for the farmers. We affirm.

I.

Before it filed for bankruptcy on May 9, 1991, Merchants Grain, Inc. ("MGI") owned and operated grain storage and marketing facilities in six states, including...

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