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DONELAN PHELPS & CO., INC. v. U.S.

No. 88-1597, 88-1659EM.

876 F.2d 1373 (1989)

DONELAN PHELPS & COMPANY, INC., Donelan Phelps & Company, a Missouri partnership, Thomas E. Phelps, Arthur Bourey, and Cynthia P. Kretmar, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 7, 1989.

Rehearing Denied July 18, 1989.

Attorney(s) appearing for the Case

Joseph F. Devereux, Jr., St. Louis, Mo., for appellants.

David M. Moore, Washington, D.C., for appellee.

Before FAGG and BEAM, Circuit Judges, and DUMBAULD, Senior District Judge.

DUMBAULD, Senior District Judge.

In this case the District Court1 found2 that appellants, in their effort to rescue a group of financially distressed companies engaged in barge transportation on the inland waterways of the United States, had exercised significant control over the companies' disbursements, and had paid other creditors in preference to the Government's claim for unpaid taxes when there were funds...

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