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U.S. I.R.S. v. BOATMEN'S FIRST NAT. BANK OF KANSAS CITY

Nos. 92-2414, 92-2472.

5 F.3d 1157 (1993)

UNITED STATES of America, INTERNAL REVENUE SERVICE, Appellant, v. BOATMEN'S FIRST NATIONAL BANK OF KANSAS CITY, Appellee. UNITED STATES of America, INTERNAL REVENUE SERVICE, Appellee, v. BOATMEN'S FIRST NATIONAL BANK OF KANSAS CITY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 29, 1993.

Rehearing and Suggestion for Rehearing Denied November 15, 1993.

Attorney(s) appearing for the Case

Thomas J. Clark, Dept. of Justice, Washington, DC, argued (Gary R. Allen and Kenneth L. Greene, on the brief), for appellant.

John T. Coghlan of Kansas City, MO, argued (R. Christopher Abele and Dennis M. Garvis on the brief), for appellee.

Before BOWMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied November 15, 1993.

HEANEY, Senior Circuit Judge.

After the debtor in this bankruptcy case filed a petition for reorganization under Chapter 11 of the Bankruptcy Code, the appellee bank made loans secured by a super-priority lien pursuant to 11 U.S.C. § 364(d) to allow for the preservation of the bankrupt business as a going concern. After the sale of many of the assets of the preserved business, the...

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