IN RE GREAT PLAINS ROYALTY CORPORATION

Nos. 72-1403, 72-1404.

471 F.2d 1261 (1973)

In the Matter of GREAT PLAINS ROYALTY CORPORATION, Bankrupt (two cases). SOURIS RIVER TELEPHONE MUTUAL AID CORPORATION, Appellant, v. Myron ATKINSON, Trustee, Appellee. NORTH CENTRAL ELECTRIC COOPERATIVE, INC., Appellant, v. Myron ATKINSON, Trustee, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 16, 1973.


Attorney(s) appearing for the Case

Pringle & Herigstad, Minot, N. D., for appellants.

Frank F. Jestrab and John R. Gordon, Bjella & Jestrab, Williston, N. D., on brief for appellee.

Before LARAMORE, United States Court of Claims Judge, and BRIGHT and ROSS, Circuit Judges.


BRIGHT, Circuit Judge.

We here consider whether two REA-financed cooperatives, operating under bylaw policies of general application, may decline to refund patronage capital credited to the estate of a bankrupt and defunct corporation when it would refund such capital to the estate of an individual patron should he die. In the context of an adjudication in bankruptcy, the Referee, Gordon M. Thompson, and the district court on review, Judge VanSickle, held the patronage...

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