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IN RE HEN HOUSE INTERSTATE, INC.

No. 97-3859.

150 F.3d 868 (1998)

In re: HEN HOUSE INTERSTATE, INC., Debtor. HARTFORD UNDERWRITERS INSURANCE COMPANY, Movant-Appellee, v. MAGNA BANK, N.A., formerly known as Magna Bank of Illinois, N.A., Respondent-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 27, 1998.

Order Granting Rehearing September 22, 1998.

Attorney(s) appearing for the Case

G. Eric Brunstad, Hartford, CT, argued (Kevin F. LaFreniere and Wendi Alper-Pressman, on the brief), for Movant-Appellee.

Robert Hammel Brownlee, St. Louis, MO, argued (David D. Farrell, on the brief), for Respondent-Appellant.

Before BOWMAN, Chief Judge, HEANEY and HANSEN, Circuit Judges.

BOWMAN, Chief Judge.

Hartford Underwriters Insurance Company brought an action pursuant to the Bankruptcy Code, see 11 U.S.C. §§ 503 and 506(c) (1994), against Magna Bank,1 a secured creditor of Hen House Interstate, Inc. (hereinafter "Debtor"), the debtor in the underlying bankruptcy. Hartford sought the payment of workers' compensation insurance premiums that went unpaid by...

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