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IN RE VICKERS

No. 91-1067.

954 F.2d 1426 (1992)

In re Robert Leroy VICKERS and Betty Jean Vickers, Debtors. J. Kevin CHECKETT, Trustee, Appellant, v. Robert Leroy VICKERS; Betty Jean Vickers, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 24, 1992.

Attorney(s) appearing for the Case

Chris L. Weber, Carthage, Mo., for appellant.

W. Henry Johnson, Neosho, Mo., for appellee.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and MAGILL, Circuit Judge.

LAY, Chief Judge.

The sole issue on appeal is whether the Employee Retirement Income Security Act (ERISA), codified as amended at 29 U.S.C. §§ 1001-1461 (1988), preempts a Missouri law which permits exemption of pension plan benefits of the debtor from the bankruptcy estate. The district court1 adopted the findings of the bankruptcy judge2 upholding the exemption in favor of the debtors. The trustee...

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