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IN RE GREEN

No. 90-2957.

967 F.2d 1216 (1992)

In re Howard C. GREEN and Verla B. Green, Debtors. William A. WEAR, Trustee in Bankruptcy, Appellee, v. Howard C. GREEN; Verla A. Green, Defendants, Wachovia Bank and Trust, N.A., a National Banking Association, as Trustee of the Wal-Mart Stores, Inc., Profit Sharing Agreement; Wal-Mart Stores, Inc., a Delaware corporation, Appellants. United Savings and Loan Association.

United States Court of Appeals, Eighth Circuit.

Decided June 24, 1992.

Attorney(s) appearing for the Case

Gary A. Powell, Springfield, Mo., argued (Phillip Garrison and Lee Viorel, on brief), for appellants.

Gary T. Nelms, Springfield, Mo., argued, for appellee.

Before FAGG, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

Wal-Mart Stores (hereinafter "Wal-Mart") and Wachovia Bank & Trust, in its capacity as trustee for the Wal-Mart Stores retirement plan, both appeal the district court's affirmance of the bankruptcy court's decision that an individual's interest in a retirement plan covered by ERISA is part of that individual's bankruptcy estate. We reverse and remand.

I. BACKGROUND

Wal-Mart maintains a profit-sharing plan...

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