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IN RE OLES GRAIN CO.

Bankruptcy No. 385-32758-HCA-11, Adversary No. 394-3806.

206 B.R. 126 (1997)

In re OLES GRAIN COMPANY, Debtor. UNITED STATES of America, for the Use and Benefit of David OLES, Oles Grain Company, and Its Creditors, Plaintiffs, v. SAFECO INSURANCE COMPANY OF AMERICA, Defendant/Third-Party Plaintiff, v. Robert H. TOLAR, Joseph Wielebinski, Russell Munsch, and Munsch, Hardt, Kopf, Harr & Dinan, Third-Party Defendants.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

February 21, 1997.

Attorney(s) appearing for the Case

Brian W. Erikson, R. Scott Luttrull, Quilling, Selander, Cummiskey, Clutts & Lownds, P.C., Dallas, TX, for Safeco Insurance Company of America.

Joe W. Hayes, Templeton, Smithee, Hayes & Fields, Amarillo, TX, for Oles Grain Company.

David Oles, Amarillo, TX, Michael W. Anglin, Fulbright & Jaworski, L.L.P., Dallas, TX, for Joseph Wielebinski, Russell Munsch, and Munsch Hardt Kopf Harr & Dinan.

Robert H. Tolar, Hutchinson, KS, Trustee.

MEMORANDUM OPINION ON MOTION FOR SUMMARY JUDGMENT

HAROLD C. ABRAMSON, Bankruptcy Judge.

Came before the Court for hearing on the 3rd day of October 1996, the Motion for Summary Judgment ("Motion"), filed by Safeco Insurance Company on August 16, 1996; and the Response to the Motion ("Response"), filed by Oles Grain Company and David Oles on behalf of the United States of America. After the hearing, the parties requested by agreed motion that they...

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