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SCHIEFFLER v. FINANCIAL SERVICES INS. CO. OF TENN.

No. 93-4075.

39 F.3d 181 (1994)

Daniel K. SCHIEFFLER, Trustee of Paul and Joyce Miller's Chapter 7 Bankruptcy Estate, Plaintiff-Appellant, v. FINANCIAL SERVICES INSURANCE COMPANY OF TENNESSEE; Deutz-Allis Corporation, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 21, 1994.

Attorney(s) appearing for the Case

Robert J. Donovan, Marianna, AR, for appellant.

Thomas S. Stone, Little Rock, AR, additional atty. appearing on the brief, was Patrick Hollingsworth, for appellee.

Before ARNOLD, Chief Judge, GIBSON, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

The trustee for the bankruptcy estate of Paul and Joyce Miller1 appeals the district court's granting of summary judgment in favor of Financial Services Insurance Company of Tennessee ("FSIT") and Deutz-Allis Corporation ("Deutz-Allis"). We reverse and remand for further proceedings.

I. BACKGROUND

The Millers owned and operated Russell Tractor, an authorized Deutz-Allis retailer...

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