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U.S., I.R.S. v. THE MERCHANTS BANK

No. 91-1108-CV-W-1.

142 B.R. 889 (1992)

UNITED STATES of America, INTERNAL REVENUE SERVICE, Appellant/Cross-Appellee, v. THE MERCHANTS BANK, Appellee/Cross-Appellant.

United States District Court, W.D. Missouri, W.D.

April 24, 1992.

Attorney(s) appearing for the Case

Carolyn Jones, U.S. Dept. of Justice, Spec. Litigation, Tax Div., Washington, D.C., for plaintiff.

Joe Coleman, McDowell, Rice & Smith, Kansas City, Mo., for defendant.

ORDER

WHIPPLE, District Judge.

This matter is before the Court on cross appeals from the United States Bankruptcy Court for the Western District of Missouri.1 For the following reasons, the judgment of the bankruptcy court is affirmed.

Procedural Background

Missouri OHM, Inc. filed its Chapter 11 petition on January 25, 1989. At that time, The Merchants Bank ("Merchants") held a secured claim in the amount...

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