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STATE OF MO. v. U. S. BKRTCY. COURT, ETC.

Nos. 80-2198, 80-2179.

647 F.2d 768 (1981)

In re STATE OF MISSOURI; State of Missouri Ex Rel John G. Runyan, as Director of the Missouri Department of Agriculture; State of Missouri Ex Rel Missouri Department of Agriculture; John G. Runyan, as Receiver of Certain Grain Warehouses; State of Missouri Ex Rel John Ashcroft, Attorney General of the State of Missouri; and James Boillot, Acting Director of the Missouri Department of Agriculture, Petitioners, v. U. S. BANKRUPTCY COURT FOR the E. D. OF ARKANSAS and the Hon. Charles W. Baker, Respondents, and Robert P. Lindsey, as Trustee, et al., Intervenor-Respondents, and United States of America, Intervenor. In re STATE OF MISSOURI; State of Missouri Ex Rel John G. Runyan, as Director of the Missouri Department of Agriculture; State of Missouri Ex Rel Missouri Department of Agriculture; John G. Runyan, as Receiver of Certain Grain Warehouses; State of Missouri Ex Rel John Ashcroft, Attorney General of the State of Missouri; and James Boillot, Acting Director of the Missouri Department of Agriculture, Appellants, v. U. S. BANKRUPTCY COURT FOR the E. D. OF ARKANSAS and the Hon. Charles W. Baker, Appellees, and Robert P. Lindsey, as Trustee, et al., Intervenor-Appellees, and United States of America, Intervenor.

United States Court of Appeals, Eighth Circuit.

Decided April 8, 1981.

Attorney(s) appearing for the Case

A. Jan Thomas, Jr., West Memphis, Ark., Ben F. Arnold, Little Rock, Ark., Davidson, Plastiras, Horne, Hollingsworth & Arnold, Ltd., Little Rock, Ark., Warren Dupwe, Jonesboro, Ark., Richard Steele, Cape Girardeau, Mo., for appellee/intervenor/trustee.

John Ashcroft, Atty. Gen., State of Mo., Gerald M. Sill, Asst. Atty. Gen., Jefferson City, Mo., for appellants/petitioners; James F. Gunn, St. Louis, Mo., F. Craig King, Jr., Gunn & Gunn, St. Louis, Mo., of counsel.

Bill W. Bristow, Jonesboro, Ark., Seay & Bristow, Jonesboro, Ark., Smith & Morphew, Corning, Ark., Coleman, Gantt, Ramsay & Cox, Pine Bluff, Ark., Richard L. Ramsay, Pine Bluff, Ark., for intervenors.

Before BRIGHT, HENLEY and McMILLIAN, Circuit Judges.

BRIGHT, Circuit Judge.

This case presents the question of whether the State of Missouri or the federal bankruptcy court for the Eastern District of Missouri has jurisdiction over grain located in Missouri grain storage warehouses. The bankruptcy court1 asserts that it has exclusive jurisdiction over the grain warehouses pursuant to a bankruptcy proceeding instituted by Arkansas debtors, operators of warehouses in Missouri and Arkansas...

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