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IN RE TOWE

Bankruptcy No. 90-11685-7. Adv. No. 91/00166.

173 B.R. 217 (1994)

In re William Edward TOWE, a/k/a Edward Towe, Cora Florence Towe, a/k/a Florence Towe, Debtors. Craig D. MARTINSON, Trustee, and United States of America Internal Revenue Service, and Montana Department of Revenue, Intervenors, Plaintiffs, v. William Edward TOWE, a/k/a Edward Towe and Grant Investments Fund, a partnership, and Norma Gumpel, Lewis Rector and Nancy Brooks, Intervenors, Defendants.

United States Bankruptcy Court, D. Montana.

September 26, 1994.

Attorney(s) appearing for the Case

Sherry Scheel Matteucci, U.S. Atty., D.Mont., Victoria L. Francis, Asst. U.S. Atty., Kirk C. Lusty, Eric M. Casper, Trial Attys., Tax Div., U.S. Dept. of Justice, Washington, DC, for plaintiffs Craig D. Martinson, U.S., I.R.S.

Paul Van Tricht, Dept. of Rev., Office of Legal Affairs, Helena, MT, for plaintiff Mont. Dept. of Revenue.

Carey Matovich, Billings, MT, for defendant William Towe.

Gerald Murphy, Moulton Law Firm, Billings, MT, for defendant Grant Inv. Fund.

James A. Patten, Billings, MT, for defendants Norma Gumpel, Lewis Rector, Nancy Brooks.

Thomas Towe, Billings, MT, for S.O. Tow Trust.

Gerald Murphy, Moulton Law Firm, Billings, MT, for TAFF, Heartland Trust, Lewis Rector Trust, Towe Farms, Inc., Towe Foundation.

ORDER

JOHN L. PETERSON, Bankruptcy Judge.

In this adversary proceeding, the Chapter 7 Trustee and Intervenors United States Internal Revenue Service (IRS), and Montana Department of Revenue (DOR), seek turnover of assets of the Defendant Grant Investments Fund (Grant), a partnership, on the grounds that Grant is the alter ego of the Debtor Edward Towe. Intervenors/Defendants Gumpel, Brooks, and Rector are investors and partners of Grant who oppose the turnover...

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