IN RE B.J. McADAMS, INC.

No. 94-3658.

66 F.3d 931 (1995)

In re B.J. McADAMS, INC.; Debtor. CONSTELLATION DEVELOPMENT CORPORATION; Appellant; v. James F. DOWDEN, Successor Trustee; United States, ex rel. Internal Revenue Service; Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 20, 1995.

Rehearing and Suggestion for Rehearing Denied November 28, 1995.


Attorney(s) appearing for the Case

Raymond C. Smith Fayetteville, AR, argued (Thomas J. Pendowski, North Little Rock, AR, on the brief), for appellant Constellation Development.

Robert R. Ross, Little Rock, AR, argued, for appellee James Dowden.

Curtis C. Pett, Dept. of Justice, Washington, DC, argued, for U.S.

Before MORRIS SHEPPARD ARNOLD, Circuit Judge; and HEANEY and JOHN R. GIBSON, Senior Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied November 28, 1995.

HEANEY, Senior Circuit Judge.

This case appears in our court a second time. In In re B.J. McAdams, Inc., 999 F.2d 1221 (8th Cir.1993), we reversed on procedural grounds the district court's dismissal of an appeal by Constellation Development Corporation as untimely filed. On remand, the bankruptcy court held that Constellation's asserted lien against...

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