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FIRST NAT. BANK v. ALLEN

No. 96-2484.

118 F.3d 1289 (1997)

FIRST NATIONAL BANK; Eureka State Bank, Appellants, v. Herbert Warren ALLEN, III; Donna Mae Allen, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1997.

Attorney(s) appearing for the Case

Carlyle E. Richards, Aberdeen, SD, for Appellant.

Curt Roger Ewinger, Aberdeen, SD, for Appellee.

Before MAGILL, BEAM and LOKEN, Circuit Judges.

MAGILL, Circuit Judge.

First National Bank of Eden (Eden Bank) and Eureka State Bank (Eureka Bank) (collectively the Banks) brought a motion before the bankruptcy court2 to determine their status as unsecured creditors. The bankruptcy court found that the Banks had waived their unsecured claims. The district court3 affirmed the decision of the bankruptcy court, and the Banks now appeal to us. We affirm.

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