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IN RE NERLAND OIL, INC.

Bankruptcy No. 99-31826. Adversary No. 00-7021.

284 B.R. 272 (2001)

In re NERLAND OIL, INC., Debtor. Superpumper, Inc., Plaintiff, v. Nerland Oil, Inc. and the United States of America through the Internal Revenue Service, Defendants.

United States Bankruptcy Court, D. North Dakota.

Order Certifying as Final Judgment September 19, 2001.

Attorney(s) appearing for the Case

Kip M. Kaler, Fargo, ND, Bankruptcy Trustee for the Estate of Nerland Oil.

Jay D. Carlson, Fargo, ND, for Nerland Oil.

John Petrik, Minot, ND, for Superpumper, Inc.

Daniel Conrad, Washington, DC, for USA/IRS.

MEMORANDUM OPINION AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

By the complaint filed April 20, 2000, Superpumper, Inc. ("Superpumper") seeks to setoff its debt to Debtor Nerland Oil, Inc. ("Nerland Oil") under a promissory note dated June 29, 1995, against a debt for unpaid credit card receivables that Nerland Oil owes Superpumper. As of October 31, 1996, Superpumper owed Nerland Oil $359,790.18 under the promissory note, and Nerland Oil owed Superpumper...

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