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IN RE MOSBY

No. 85-2064.

791 F.2d 628 (1986)

In re John C. MOSBY, III, Trustee, under Trust Agreement dated February 21, 1966, for the benefit of John C. Mosby, III, Debtor. John C. MOSBY, III, Trustee, under Trust Agreement dated February 21, 1966, for the benefit of John C. Mosby, III, Appellant, v. BOATMEN'S BANK OF ST. LOUIS COUNTY, formerly named Metro Bank/Clayton, A.R. Wishon, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 21, 1986.

Attorney(s) appearing for the Case

Scott Greenbert, Clayton, Mo., for appellant.

Lewis R. Mills, St. Louis, Mo., for appellees.

Before John R. GIBSON, Circuit Judge, SWYGERT, Senior Circuit Judge, and FAGG, Circuit Judge.

PER CURIAM.

John C. Mosby, III, on behalf of the Mosby Trust (Trust), appeals from a district court decision affirming a bankruptcy court's dismissal of the Trust's voluntary petition for reorganization filed under chapter 11 of the bankruptcy code. The district court concluded, as had the bankruptcy court, that the Trust was a personal or spendthrift trust rather than a "business trust" and thus could not seek protection under chapter 11. See In re Mosby,...

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