IN RE IOWA PREMIUM SERVICE CO., INC.

No. 81-2060.

695 F.2d 1109 (1982)

In re IOWA PREMIUM SERVICE CO., INC., Debtor. IOWA PREMIUM SERVICE CO., INC., Appellee, v. FIRST NATIONAL BANK IN ST. LOUIS, ST. LOUIS, MISSOURI, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 17, 1982.


Attorney(s) appearing for the Case

W.D. Brittin, Jr., F.L. Burnette, II, Nyemaster, Goode, McLaughlin, Emery & O'Brien, P.C., Des Moines, Iowa, for appellant First Nat. Bank in St. Louis.

Thomas L. Flynn, Wimer, Hudson, Flynn & Neugent, P.C., Des Moines, Iowa, for appellee Iowa Premium Service Co., Inc.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD and JOHN R. GIBSON, Circuit Judges, en banc.


FLOYD R. GIBSON, Senior Circuit Judge.

First National Bank in St. Louis (Bank) appeals from an order of the bankruptcy court, 12 B.R. 597,1 which denied the Bank's motion to amend an order directing the return of funds received by the Bank because such funds constituted a preference under the Bankruptcy Act. A panel of this Court affirmed the judgment, one judge dissenting. 676 F.2d 1220...

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