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LINDSEY v. IPOCK

Nos. 83-1534, 83-1562.

732 F.2d 619 (1984)

Robert P. LINDSEY, Trustee, Appellee, v. Evans IPOCK and Wayne Cryts, Appellants. Bill Jewell. Robert P. LINDSEY, Trustee, Appellant, v. Mrs. Wayne CRYTS a/k/a Sandy Cryts; William Cryts, Jr.; Evans Ipock; Bill Jewell; Wayne Cryts, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 13, 1984.

Attorney(s) appearing for the Case

Thomas D. Kershaw, Jr., American Constitutional Rights Ass'n, Klamath Falls, Or., for Cryts et al.

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., George W. Proctor, U.S. Atty., Little Rock, Ark., Michael F. Hertz, Eloise E. Davies, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., for U.S. intervenor.

A. Jan Thomas, Jr., West Memphis, Ark., Davidson, Horne, Hollingsworth, Arnold & Grobmyer, Little Rock, Ark., Warren Dupwe, Jonesboro, Ark., Richard Steele, Cape Girardeau, Mo., for Lindsey.

Before LAY, Chief Judge, and FAGG and BOWMAN, Circuit Judges.

LAY, Chief Judge.

On August 11, 1980, Cox and Frisbee Cotton Companies filed a voluntary chapter 7 bankruptcy proceeding. Thereafter, upon the debtors' motion, the proceeding was converted to a chapter 11 reorganization. Robert Lindsey was appointed as trustee under chapter 11.

Debtors' assets consisted primarily of grain storage facilities. The ownership of the grain therein — some 3.27 million bushels —...

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