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KELLY v. ARMSTRONG

No. 96-4267.

141 F.3d 799 (1998)

Phillip KELLY, Trustee, Plaintiff/Appellant, v. David ARMSTRONG, Hannah Armstrong, Defendants/Appellees, Theodore F. Armstrong, Defendant, Omaha State Bank, Defendant/Appellee, Lynn Terry, Special Administrator for the Estate of Theodore F. Armstrong, deceased, David Armstrong, Special Administrator for the Estate of Theodore F. Armstrong, deceased, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 1, 1998.

Attorney(s) appearing for the Case

Jerrold Lee Strasheim, Omaha, NE, argued (Mary Leiter Swick, on the brief), for Plaintiff/Appellant.

Michael G. Helms, Phoenix, AZ, argued, for Appellee.

Before RICHARD S. ARNOLD, Chief Judge, FLOYD R. GIBSON, and BEAM, Circuit Judges.

BEAM, Circuit Judge.

Phillip Kelly, trustee of David and Hannah Armstrong's bankruptcy estate, brought this action under 11 U.S.C. § 548(a), alleging both actual and constructive fraud and seeking to set aside four pre-bankruptcy transfers: (1) the sale of David's stock in a family ranching corporation to his father, Theodore; (2) the sale of the Armstrongs' home to Theodore; (3) David's pledge of stock as collateral on loans issued by Omaha State Bank; and ...

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