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CLAY v. TRADERS BANK OF KANSAS CITY

No. 83-2394.

737 F.2d 765 (1984)

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

United States Court of Appeals, Eighth Circuit.

Decided June 28, 1984.

Attorney(s) appearing for the Case

Benjamin F. Mann, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., for appellee trustee.

Theodore H. Focht, Gen. Counsel, 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 & Vardeman, Kansas City, Mo., for appellant.

Before ROSS, ARNOLD and FAGG, Circuit Judges.

PER CURIAM.

This is the second appeal to the court from a decision of the United States District Court in this bankruptcy action. Originally, the appellee trustee filed his complaint to set aside the debtors' deed of trust in favor of the appellant creditor as a voidable preference under 11 U.S.C. § 547(b) or, in the alternative, as a fraudulent transfer under 11 U.S.C. § 548. The bankruptcy court dismissed the...

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