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OLES GRAIN CO. v. SAFECO INS. CO. OF AMERICA

No. CIV.A. 3-97-CV-1968R.

221 B.R. 371 (1998)

OLES GRAIN CO. and David Oles, Plaintiffs-Appellants, v. SAFECO INSURANCE CO. OF AMERICA, Defendant-Appellee.

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

June 1, 1998.

Attorney(s) appearing for the Case

David Oles, Amarillo, TX, Pro se.

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

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

MEMORANDUM OPINION

BUCHMEYER, Chief Judge.

This bankruptcy appeal presents a question of first impression for an Article III court concerning 11 U.S.C. § 322(d) of the United States Bankruptcy Code, which provides: "A proceeding on a trustee's bond may not be commenced after two years after the date on which such trustee was discharged."

This opinion holds that: (1) Section 322(d) preempts state law statutes of limitations that provide...

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