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KELLY v. ARMSTRONG

No. 98-4081.

206 F.3d 794 (2000)

Phillip KELLY, Trustee, Appellant, v. David ARMSTRONG; Hannah Armstrong; Omaha State Bank; David N. Armstrong, Executor of the Estate of Theodore F. Armstrong, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 3, 2000.

Attorney(s) appearing for the Case

Jerrold Lee Strasheim, Omaha, NE, argued (Mary L. Swick, Omaha, NE, on the brief), for appellant.

Michael G. Helms, Phoenix, AZ, argued (Thomas F. Hoarty, Jr., Omaha, NE, on the brief), for appellee.

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

BEAM, Circuit Judge.

Phillip Kelly, the trustee of David and Hannah Armstrong's bankruptcy estate (the Trustee), brought this action under 11 U.S.C. § 548(a). He alleged both actual and constructive fraud and sought to set aside four pre-bankruptcy transfers. The case was tried to a jury. The jury found in favor of the defendants and the Trustee appealed. We reversed and remanded on a jury instruction issue. The case was tried again and the jury again returned...

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