No. 88-1991.

881 F.2d 579 (1989)

In re Frank J. GARNER, Jr., Debtor. John R. HENSON and Coy R. Grogen, Appellees, v. Frank J. GARNER, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 9, 1989.

Rehearing Denied September 12, 1989.

Attorney(s) appearing for the Case

Larry Sells, Kansas City, Mo., for appellant.

Douglas M. Neeb, Kansas City, Mo., for appellees.

Before HEANEY and FAGG, Circuit Judges, and HANSON, Senior District Judge.

HEANEY, Circuit Judge.

This case addresses the preclusive effect of an earlier civil jury determination of fraud on a subsequent bankruptcy proceeding under section 523(a) of the Bankruptcy Code. The bankruptcy court held that the earlier trial precluded redetermination of the issue of fraud, and the district court adopted the bankruptcy court's view. We reverse because the earlier proceeding used a lesser standard of proof.


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