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MATTER OF FINANCIAL CORP.

Bankruptcy No. 75B-1623-W-4.

17 B.R. 497 (1981)

In the Matter of FINANCIAL CORPORATION, Bankrupt. A.G. BECKER & COMPANY, INC., Loeb, Rhoades & Co., First Wisconsin National Bank of Milwaukee, European American Bank & Trust Company, European American Banking Corporation, Southeast First National Bank of Miami, First National Bank of Miami, Michigan National Bank, Sun First National Bank of Orlando, First National Bank of South Carolina, First National Bank of Minneapolis, Wells Fargo Bank, and First National Bank of Louisville, Claimants v. D.W. GILMORE, trustee in bankruptcy, Respondent.

United States Bankruptcy Court, W.D. Missouri, W.D.

December 28, 1981.

Attorney(s) appearing for the Case

Stephen B. Strayer, Kansas City, Mo., for respondent.

Harry P. Thomson, Kansas City, Mo., for claimants.

ORDER OVERRULING DEFENSE OF IMPOSSIBILITY OF PERFORMANCE BY REASON OF GOVERNMENTAL INTERFERENCE IN THE FORM OF JUDICIAL ORDERS

DENNIS J. STEWART, Bankruptcy Judge.

The trustee in bankruptcy has objected to the claims of the above claimants on the ground, inter alia, that they are based on contracts with respect to which the performance of the bankrupt corporation was excused by reason of impossibility of performance occasioned by governmental interference...

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