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IN RE LOPER

No. 96-CV-270.

222 B.R. 431 (1998)

In re David and Marilyn LOPER, Debtors. U.S. RURAL HOUSING AND COMMUNITY DEVELOPMENT SERVICE (RECDS) et al., Appellants, v. David and Marilyn LOPER, Appellees.

United States District Court, D. Vermont.

July 14, 1998.

Attorney(s) appearing for the Case

Melissa A.D. Ranaldo, AUSA, Office of U.S. Atty., Burlington, VT, for U.S. (Rural Economic and Community Development Service), Daniel Glickman, Russell Higgins, and Roberta Harold.

Geoffry F. Walsh, Medicare Advocacy Project, Springfield, VT, for David Loper and Marilyn Jill Loper.

OPINION AND ORDER

SESSIONS, District Judge.

This is an appeal from an order of the Bankruptcy Judge granting the Lopers' Motion for Summary Judgment (and denying RECDS' Motion for Partial Summary Judgment, as that order related to the treatment of RECDS' mortgage lien on the Lopers' principal residence). See Second Amended Order, dated July 15, 1998 in Appellants' Appendix at 541-542. The sole issue on appeal is whether the Bankruptcy Court...

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