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IN RE MBA POULTRY, L.L.C.

No. 01-2155.

295 F.3d 886 (2002)

In re: MBA POULTRY, L.L.C., Debtor. Bird Watchers, L.L.C., Appellant, v. Johnson County, Nebraska, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 29, 2002.

Attorney(s) appearing for the Case

Kevin C. Siebert, argued, Lincoln, NE, for appellant.

Krista L. Kester, argued (Joseph H. Badami, on the brief), for appellee.

Before McMILLIAN, MORRIS SHEPPARD ARNOLD, and RILEY, Circuit Judges.

RILEY, Circuit Judge.

Bird Watchers, L.L.C. (Bird Watchers) purchased personal property from the bankruptcy estate of MBA Poultry, L.L.C. (MBA Poultry). At the time of the purchase, MBA Poultry owed personal property taxes to Johnson County, Nebraska. The bankruptcy court1 held that, if Johnson County has a valid tax lien on MBA Poultry's personal property, that lien is a first lien which survived Bird Watchers's purchase of the property...

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