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MATTER OF KILLIAN CONSTRUCTION CO., INC.

Nos. 82-0614, 82-0619.

24 B.R. 848 (1982)

In the Matter of KILLIAN CONSTRUCTION CO., INC., Debtor. L.D. FITZGERALD, Trustee, Plaintiff, v. John H. BERTRAM, Phyllis A. Bertram, Defendants. L.D. FITZGERALD, Trustee, Plaintiff, v. Charles G. DIEHL and Vera D. Diehl; Provident Federal Savings and Loan Association, Defendants.

United States Bankruptcy Court, D. Idaho.

December 2, 1982.

Attorney(s) appearing for the Case

James S. Underwood, Jr., Underwood & Petersen, Boise, Idaho, for plaintiff.

T.N. Ambrose, Moffatt, Thomas, Barrett & Blanton, Chartered, Boise, Idaho, for defendants Charles G. Diehl and Vera D. Diehl.

Claire L. Dwyer, Collins, Manly & Williams, Boise, Idaho, for defendants John H. Bertram and Phyllis A. Bertram.

MEMORANDUM DECISION

M.S. YOUNG, Bankruptcy Judge.

These adversary proceedings are currently before the court upon the agreement of the parties at pretrial conference. In each matter, a threshold issue is raised: whether the plaintiff trustee is barred from asserting the action due to the operation of 11 U.S.C. § 546(a)(1). This issue is submitted for determination prior to any further action in the adversary proceedings.

The parties have agreed...

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