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POTMESIL v. ALEXANDRIA PRODUCTION CREDIT ASS'N

Civ. A. No. 84-0445.

42 B.R. 731 (1984)

Joe POTMESIL, et al. v. ALEXANDRIA PRODUCTION CREDIT ASSOCIATION.

United States District Court, W.D. Louisiana, Alexandria Division.

September 18, 1984.

Attorney(s) appearing for the Case

Jack O. Brittan, Natchitoches, La., Harry A. Hammill, Alexandria, La., John Luster, Trustee, Natchitoches, La., for plaintiffs.

Trimble, Randow, Percy, Smith, Wilson & Foote (H. Gregory Walker, Jr.), Alexandria, La., for Alex. Production Credit Assoc.

George T. Allen, Jr., Shreveport, La., for International Harvester Credit Corp.

NAUMAN S. SCOTT, District Judge.

RULING

This is an appeal from a Judgment rendered by the Bankruptcy Court for the Western District of Louisiana, granting relief under Chapter 7 of the Bankruptcy Code against Joe and Ina Potmesil. The issue is clear: Is Mr. Potmesil a "farmer" under 11 U.S.C. § 101(17) and 11 U.S.C. § 303(a)?

FACTS

For the calendar year 1982, appellants Mr. and Mrs. Joseph Potmesil derived approximately 84.9%...

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