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IN RE UNITED MARINE SHIPBUILDING, INC.

Nos. 97-35502, 97-35589.

146 F.3d 739 (1998)

In re: UNITED MARINE SHIPBUILDING, INC., Debtor. Michael B. McCARTY, as Trustee for United Marine Shipbuilding, Inc., Plaintiff-Appellee, v. NATIONAL BANK OF ALASKA, N.A., Defendant-Appellant. In re: UNITED MARINE SHIPBUILDING, INC., Debtor. Michael B. McCARTY, as Trustee for United Marine Shipbuilding, Inc., Plaintiff-Appellant, v. NATIONAL BANK OF ALASKA, N.A.; Department of Transportation, acting by and through; Maritime Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 26, 1998.

Attorney(s) appearing for the Case

Ronald T. Schaps, Bogle & Gates, Seattle, Washington, for defendant-appellant-cross-appellee National Bank of Alaska.

Michael B. McCarty, North Bend, Washington, for the plaintiff-appellee-cross-appellant.

Beth E. Cook, James J. Faughnan, Civil Division, Department of Justice, Washington, DC, for defendant-appellee United States Department of Transportation.

Before: LAY, GOODWIN and PREGERSON, Circuit Judges.

GOODWIN, Circuit Judge:

This appeal arises out of an adversary proceeding in the United Marine Shipbuilding Inc.'s ("UMSI") bankruptcy case. Three parties are making competing claims to a tax refund that the Internal Revenue Service ("IRS") paid by mistake to Michael B. McCarty, the Trustee for UMSI (the "Trustee").

On cross-motions for summary judgment, the bankruptcy court held that the United States Department of Transportation acting by and through the...

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