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IN RE BERNSTEIN

Bankruptcy Nos. 98-31202, 98-31201, Adversary No. 98-7058.

230 B.R. 144 (1999)

In re Loren & Loretta BERNSTEIN, Bernstein Ranch, LLC, a consolidated case, Debtor. Bernstein Ranch, LLC, Plaintiff, v. United States of America, State Bank of Towner, Daniel Bernstein, Jeffrey Bernstein and Samuel Bernstein, Defendants.

United States Bankruptcy Court, D. North Dakota.

January 11, 1999.

Attorney(s) appearing for the Case

Benjamin Pulkrabek, Bismarck, ND, for plaintiff.

Phillip D. Armstrong, Minot, ND, for plaintiff.

Shon Hastings, Fargo, ND, for USA/Farm Service Agency.

Michael McIntee, Towner, ND, for Western State Bank.

Bernstein Ranch/Loren & Loretta Bernstein, for debtors.

MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

The Plaintiff-Debtor, Bernstein Ranch, LLC ("BR"), commenced the instant adversary proceeding on August 18, 1998, seeking a determination that its interest in $42,384.00 in proceeds from a foundation herd livestock sale is, by virtue of a series of agricultural supplier's liens, paramount to the competing security interest held by the Farm Service Agency ("FSA").1

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