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IN RE MODERN TEXTILE, INC.

Nos. 83-1796, 83-1854.

739 F.2d 308 (1984)

In re MODERN TEXTILE, INC., Debtor. Al KOPOLOW and Al Kopolow Investment Company, Appellants, v. P.M. HOLDING CORPORATION, A. Thomas DeWoskin, Trustee, and Continental Textile Corporation of America, Appellees. In re MODERN TEXTILE, INC., Debtor. Al KOPOLOW and Al Kopolow Investment Company, Appellees, v. P.M. HOLDING CORPORATION, Appellant, A. Thomas DeWoskin, Trustee, Continental Textile Corporation of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1984.

Rehearing Denied July 30, 1984.

Attorney(s) appearing for the Case

Alan E. Popkin, Pat L. Simons, Torrence R. Thomas, Jr., Popkin, Stern, Heifetz, Lurie, Sheehan, Reby & Chervitz, St. Louis, Mo., for appellants/cross-appellees.

Martin M. Green, Gregory D. Hoffmann, Lee E. Bailey, Green, Kehr, Kanefield & Hoffmann, St. Louis, Mo., for appellees/cross-appellants.

Before ROSS, JOHN R. GIBSON AND BOWMAN, Circuit Judges.

ROSS, Circuit Judge.

Procedural History

This suit, originally filed in the Circuit Court of St. Louis County, Missouri, was removed to bankruptcy court pursuant to 28 U.S.C. § 1478 when the debtor, Modern Textiles, Inc., filed for relief under Chapter 7 of the Bankruptcy Act. The case was tried before the bankruptcy court, 28 B.R. 181, reviewed by the district court, and then appealed to this court under the authority...

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