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IN RE MARSHALL

Bankruptcy No. 99-30765. Adversary No. 99-3112.

240 B.R. 302 (1999)

In re Michael R. MARSHALL, Anne F. Marshall, Debtors. Michael R. Marshall, Anne F. Marshall, Plaintiffs, v. Shipman Elevator Company, Defendant.

United States Bankruptcy Court, S.D. Illinois.

October 18, 1999.

Attorney(s) appearing for the Case

Ronald L. Pallman, St. Louis, MO, for plaintiff.

Steven M. Wallace, East St. Louis, IL, for defendant.

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

After filing their Chapter 12 bankruptcy case, debtors Michael and Anne Marshall sold grain that was in storage with the defendant, Shipman Elevator Company ("Shipman"), and removed the grain from storage. The debtors then filed a turnover action to recover from Shipman the unused portion of storage charges that had been prepaid by the debtors.

Shipman has refused to turn over the funds sought by...

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