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IN RE D & P PARTNERSHIP

No. 95-3039MN.

91 F.3d 1072 (1996)

In re D & P PARTNERSHIP; D & P Partnership II, Debtors. NORWEST EQUIPMENT FINANCE, INC.; Norwest Bank Minnesota Central, N.A.; Norwest Bank Minnesota, N.A. (collectively, "Norwest"); Stearns County National Bank of Albany (SCNB), Appellees, v. Mahendra NATH; Ashok Mehta; Torchwood Franchise Group, Inc., Appellants. D & P Partnership; D & P Partnership II, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided July 31, 1996.

Attorney(s) appearing for the Case

Sheridan Buckley (argued), St. Paul, Minnesota, for appellant.

Robert Kugler, David L. Mitchell (on the brief), Minneapolis, Minnesota, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, MAGILL and MURPHY, Circuit Judges.

RICHARD S. ARNOLD, Chief Judge.

The defendants in this case, collectively referred to as the Nath Group, purchased assets from a bankrupt debtor, D & P Partnership. At the time of the purchase, the state of Minnesota imposed a sales tax on such sales, which tax was paid. Subsequently, Minnesota repealed the sales tax with retroactive application, so that the tax on this sale was subject to a refund. The Bankruptcy Court held that the plaintiffs in this case, secured...

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