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IN RE R & J CONST. CO., INC.

Bankruptcy No. 83-00319(SE), Adv. No. 84-0018(SE).

43 B.R. 29 (1984)

In re R & J CONSTRUCTION COMPANY, INC., Debtor. FIRST NATIONAL BANK OF POPLAR BLUFF, Plaintiff, v. R & J CONSTRUCTION COMPANY, INC., Defendant.

United States Bankruptcy Court, E.D. Missouri, Southeastern Division.

September 5, 1984.

Attorney(s) appearing for the Case

Daniel T. Moore, Poplar Bluff, Mo., for Bank.

Jim S. Green, Sikeston, Mo., trustee.

Paul Berens, Cape Girardeau, Mo., for debtor.

MEMORANDUM OPINION

DAVID P. McDONALD, Bankruptcy Judge.

Plaintiff seeks an order reforming a certain deed of trust dated June 25, 1980, in its favor encumbering a tract of real estate belonging to the Debtor. The portion of the deed of trust which it wishes to reform is the legal description which Plaintiff concedes to be erroneous.

The Trustee on the other hand, prays to the Court to avoid the lien of this deed of trust because it is subordinate...

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