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IN RE TIM WARGO & SONS, INC.

No. 88-1949.

869 F.2d 1128 (1989)

In re TIM WARGO & SONS, INC., Debtor. TIM WARGO & SONS, INC., Appellant, v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 14, 1989.

Attorney(s) appearing for the Case

Steve Alexander, Fayetteville, Ark., for appellant.

Billy J. Hubbell, Crossett, Ark., for appellee.

Before BOWMAN and MAGILL, Circuit Judges, and HANSON, Senior District Judge.

BOWMAN, Circuit Judge.

Tim Wargo & Sons, Inc. (debtor) appeals from a final order of the District Court1 affirming the Bankruptcy Court's2 dismissal of its Chapter 12 case.3 The courts below ruled that debtor is not eligible for Chapter 12 relief because it is not a "family farmer" as defined by the Bankruptcy Code (Code). We affirm.

Debtor is a closely held corporation...

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