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LAWS v. UNITED MISSOURI BANK OF KANSAS CITY, N.A.

No. 95-3872.

98 F.3d 1047 (1996)

Berry F. LAWS, III, Trustee, Plaintiff-Appellant, v. UNITED MISSOURI BANK OF KANSAS CITY, N.A., Defendant-Appellee. The Missouri Bankers Association, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided October 21, 1996.

Rehearing and Suggestion for Rehearing Denied November 26, 1996.

Attorney(s) appearing for the Case

Robert Pete Smith, argued, Kansas City (Richard H. Ralston, Overland Park, on the brief), for Plaintiff-Appellant.

Thomas E. Deacy, Jr., Kansas City, argued (Phillip B. Grubaugh and Peter M. Grant, on the brief), for Defendant-Appellee.

Before FAGG, WOLLMAN, and LOKEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 26, 1996.

LOKEN, Circuit Judge.

On October 20, 1986, Kroh Brothers Development Company ("Kroh") wire transferred $4 million into its checking account at United Missouri Bank of Kansas City ("UMB"). In February 1987, Kroh filed for Chapter 11 bankruptcy protection. The trustee then commenced this proceeding to recover the $4 million from UMB as an avoidable preference under the Bankruptcy Code....

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