IN RE OZARK RESTAURANT EQUIPMENT CO., INC.

No. 86-1729.

816 F.2d 1222 (1987)

In re OZARK RESTAURANT EQUIPMENT CO., INC. James G. MIXON, Trustee, Appellant, v. Bruce ANDERSON, Elmer Dale Yancey, Kenneth Eads, Robert Whiteley and Anderson Cajun's Wharf, Appellees, James G. MIXON, Trustee, Appellant, v. ANDERSON CAJUN'S WHARF, Appellee, James G. MIXON, Trustee, Appellant, v. Ed YANCEY, Bruce Anderson and Kenneth Eads, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 14, 1987.

Rehearing and Rehearing Denied July 6, 1987.


Attorney(s) appearing for the Case

Jill R. Jacoway, Fayetteville, Ark., for appellant.

Raymond C. Smith, Fayetteville, Ark., for appellees.

Before McMILLIAN, JOHN R. GIBSON, and MAGILL, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 6, 1987.

MAGILL, Circuit Judge.

The sole issue in this appeal is whether a Chapter 7 bankruptcy trustee has standing to assert, on behalf of the debtor corporation's creditors, an alter ego action against the principals of the corporation. The district court1 held in the negative. For the reasons discussed below, we affirm.

I. BACKGROUND.

In September of 1980, Bruce...

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