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IN RE SUNBERG

No. 83-1726.

729 F.2d 561 (1984)

In re Dwayne SUNBERG, Patricia Sunberg, Engaged in farming, Debtors, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 7, 1984.

Attorney(s) appearing for the Case

Steven H. Krohn, Frank W. Pechacek, Jr., Smith, Peterson, Beckman & Willson, Council Bluffs, Ia., for appellee.

C.R. Hannan, Perkins, Sacks & Hannan, Council Bluffs, Ia., for debtors, appellants.

Before HEANEY, ROSS and FAGG, Circuit Judges.

HEANEY, Circuit Judge.

Dwayne and Patricia Sunberg filed a voluntary petition in bankruptcy under Chapter 11 of the 1978 Bankruptcy Code on April 12, 1983. They appeal from a May 16, 1983, order of the bankruptcy court, 35 B.R. 777, denying their application to incur secured debt under 11 U.S.C. § 364 (1982). They allege that the court erred in finding that their benefits under the 1983 payment-in-kind program of the United States...

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