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IN RE GARNER

No. 90-3068.

952 F.2d 232 (1991)

In Re Franklin J. GARNER, Jr., Debtor. Frank GARNER, Margie Garner, Appellees, v. Bruce STRAUSS, Trustee, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 26, 1991.

Attorney(s) appearing for the Case

Michael Hufft, argued (Bruce Strauss, on brief), Kansas City, Mo., for appellant.

John Williams, argued (Larry Sells, on brief), Kansas City, Mo., for appellees.

Before JOHN R. GIBSON, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.

HEANEY, Senior Circuit Judge.

Bruce Strauss, bankruptcy trustee for Franklin Garner's estate, appeals from the district court's ruling that tenancy by the entirety property cannot be included in the bankruptcy estate when only one spouse is in bankruptcy. 121 B.R. 356. We reverse the ruling of the district court.

BACKGROUND

As tenants by the entirety, Franklin and Margie Garner own 200 shares of Document Service stock...

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