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IN RE BANK BLDG. AND EQUIPMENT CORP. OF AMERICA

No. 93-3427.

23 F.3d 1390 (1994)

In re BANK BUILDING AND EQUIPMENT CORPORATION OF AMERICA, Debtor. The PLAN COMMITTEE, By H. Bernard ENGEL; James Burzynski, Representative of Jim & Slim's Tool Supply; and Arthur Shafer, Representative of Morgan Drive-Away, Inc. through Richard Miller, Liquidation & Distribution Agent, on behalf of Bank Building & Equipment Corp. of America, Appellee, v. Walter M. CLARK, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 5, 1994.

Attorney(s) appearing for the Case

Alan C. Kohn, St. Louis, MO, argued (Robert F. Murray, on the brief), for appellant.

Jeffrey Harrold, St. Louis, MO, argued, for appellee.

Before McMILLIAN, BOWMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges.

McMILLIAN, Circuit Judge.

Walter M. Clark appeals from an order entered in the United States District Court1 158 B.R. 138 for the Eastern District of Missouri reversing an order entered in the United States Bankruptcy Court2 for the Eastern District of Missouri. The bankruptcy court granted Clark's motion for summary judgment and dismissed the Plan Committee's complaint for turnover...

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