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CLAY v. TRADERS BANK OF KANSAS CITY

No. 82-1791.

708 F.2d 1347 (1983)

George H. CLAY, Trustee and Securities Investor Protection Corp., Appellees, v. TRADERS BANK OF KANSAS CITY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 8, 1983.

Attorney(s) appearing for the Case

James Borthwick, Benjamin F. Mann, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, for appellee Trustee.

Theodore H. Focht, Gen. Counsel, Securities Investor Protection Corp., Washington, D.C., for appellee SIPC; Michael E. Don, Associate Gen. Counsel, Kevin H. Bell, Asst. Gen. Counsel, Washington, D.C., of counsel.

David A. Welte, Mark J. Bredemeier, Polsinelli, White, Schulte & Vardeman, A Professional Corp., Kansas City, Mo., for appellant.

Before LAY, Chief Judge, BRIGHT and ROSS, Circuit Judges.

ROSS, Circuit Judge.

This bankruptcy appeal is brought by Traders Bank of Kansas City from the district court's1 judgment setting aside a deed of trust as a voidable preference under 11 U.S.C. § 547(b) (1979). For the reasons set forth in this opinion, we affirm in part and reverse and remand in part the judgment of the district court.

Facts

Jack Perry, K.R. Adams...

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