IN RE BUCYRUS GRAIN CO., INC.

No. 89-3009.

905 F.2d 1362 (1990)

In re BUCYRUS GRAIN CO., INC., Debtor. STATE BANK OF SPRING HILL, Appellant, v. Carl Edward ANDERSON, doing business as Anderson Brothers, Robert Emmett Anderson, doing business as Anderson Brothers, Appellees. Kansas Bankers Association, Commodity Futures Trading Commission, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

June 5, 1990.


Attorney(s) appearing for the Case

David R. Smith, Thomas L. Griswold, with him on the brief, Payne & Jones, Chartered, Overland Park, Kan., for appellant.

Frederick B. Farmer, Lowe, Farmer, Bacon & Roe, Olathe, Kan., for appellees.

Joanne T. Medero, Gen. Counsel, Jay L. Witkin, Deputy Gen. Counsel, James T. Kelly, Asst. Gen. Counsel, Gracemary Rizzo, Atty., and of counsel, Pat G. Nicolette, Deputy Gen. Counsel, Commodity Futures Trading Com'n, Washington, D.C., filed an amicus curiae brief for Commodity Futures Trading Com'n.

Anne L. Baker, Eidson, Lewis, Porter & Haynes, Topeka, Kan., filed an amicus curiae brief for Kan. Bankers Ass'n.

Before TACHA, Circuit Judge, SETH, Senior Circuit Judge, and KANE, Senior District Judge.


KANE, Senior District Judge.

This is an appeal from a decision of the district court sitting as an appellate court in bankruptcy. The district court determined a grain elevator that had accepted money from two farmers to place an order for commodity futures contracts was a "futures commission merchant," and thus a "commodities broker" under the Bankruptcy Code. The court then found the farmers were "customers" of the broker and that certain funds in the grain elevator...

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