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EVANS v. F.D.I.C.

No. 92-1361.

981 F.2d 978 (1992)

Douglas S. EVANS, Trustee in Bankruptcy over the Estate of Denzil Robbins, a person adjudicated bankrupt in the Western District of Missouri, Plaintiff, v. The FEDERAL DEPOSIT INSURANCE CORPORATION, as Manager for the FSLIC Resolution Fund, Defendant-Appellant, v. JAMES R. DORAN, P.C., a professional corporation; Jerry L. Redfern, Thom G. Field, J. Richard Owensby, David C. Agee, Paul G. White, and Richard L. Schnake, d/b/a Neale, Newman, Bradshaw & Freeman, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 14, 1992.

Rehearing Denied January 22, 1993.

Attorney(s) appearing for the Case

Taylor Fields, Kansas City, MO, argued (Shereen M. Walls, Atlanta, GA, on brief), for appellant.

Paul Grant White, Springfield, MO, argued for appellees.

Before BOWMAN, Circuit Judge, and HEANEY and ROSS, Senior Circuit Judges.

ROSS, Senior Circuit Judge.

This is an appeal by the FDIC in an interpleader action to determine the priority of claims and the division of funds interpled into the registry of the court. The interpleaded fund is approximately $300,000 and is the surplus of the bankruptcy estate funds in the hands of the Trustee at the conclusion of the bankruptcy proceeding. Although the original interpleader petition was filed in state court on September 17, 1990, the circumstances...

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