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MANIACE v. COMMERCE BANK OF KANSAS CITY

No. 94-1212.

40 F.3d 264 (1994)

Anthony T. MANIACE, on behalf of themselves and all other participants, former participants and beneficiaries of The Juvenile Shoe Corporation of American Employee Stock Ownership Plan similarly situated; James O. Marquie, on behalf of themselves and all other participants, former participants and beneficiaries of The Juvenile Shoe Corporation of American Employee Stock Ownership Plan similarly situated, Plaintiffs-Appellants, v. COMMERCE BANK OF KANSAS CITY, N.A., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 8, 1994.

Rehearing and Suggestion for Rehearing Denied December 19, 1994.

Attorney(s) appearing for the Case

Sandra Craig, St. Louis, MO, argued (Daniel J. Schwartz, St. Louis, MO, and Ronald E. Mitchell, on brief), Joplin, MO, for appellant.

James Borthwick, Kansas City, MO, argued, for appellee.

Before McMILLIAN, and MAGILL, Circuit Judges, and BOGUE, Senior District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied December 19, 1994.

BOGUE, Senior District Judge.

Participants in employee stock ownership plan appeal the district court's1 order dismissing their claims upon summary judgment in favor of trustee Commerce Bank of Kansas City. For the reasons stated below, we affirm.

BACKGROUND

In 1979, the Juvenile Shoe Company (JSC) converted its existing profit-sharing plan...

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