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MATTER OF ST. CLOUD TOOL & DIE CO.

No. 75-1465.

533 F.2d 387 (1976)

In the Matter of ST. CLOUD TOOL & DIE CO., Bankrupt. WHITTAKER CORPORATION, JUSTER STEEL DIVISION, Appellant, v. ST. CLOUD NATIONAL BANK AND TRUST CO. and Richard P. Pearson, Trustee, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 8, 1976.

Attorney(s) appearing for the Case

Walter Shapero, Bromberg, Robinson, Shapero & Cohn, Southfield, Mich., for appellant.

Thomas J. Murphy, St. Cloud, Minn., for appellee Richard P. Pearson, Trustee.

James W. Hoolihan, St. Cloud, Minn., and Jerome B. Pederson, Minneapolis, Minn., for appellee St. Cloud Nat. Bank and Trust Co.

Before GIBSON, Chief Judge, BRIGHT, Circuit Judge, and VAN PELT, Senior District Judge.

BRIGHT, Circuit Judge.

The appellant (Whittaker Corporation, Juster Steel Division, hereinafter "Juster Steel"), brought a petition in the bankruptcy court administering the estate of St. Cloud Tool & Die Company (Bankrupt), seeking a marshaling of assets and collateral to require superior lien creditor, St. Cloud National Bank (Bank), for satisfaction of its secured debt, to look to property of the bankrupt other than that on which Juster Steel claimed a security...

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