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IN RE SPEARING TOOL AND MFG. CO.

No. 04-1053.

412 F.3d 653 (2005)

In re: SPEARING TOOL AND MANUFACTURING CO., INC., Debtor. United States of America, Appellant, v. Crestmark Bank; Crestmark Financial Corporation, Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 21, 2005.

Attorney(s) appearing for the Case

ARGUED: Teresa E. McLaughlin, Department of Justice, Tax Division, Washington, D.C., for Appellant. Steven P. Ross, Shaheen, Jacobs & Ross, Detroit, Michigan, for Appellees. ON BRIEF: Teresa E. McLaughlin, Michael J. Haungs, Department of Justice, Tax Division, Washington, D.C., for Appellant. Steven P. Ross, William R. Huffman, Shaheen, Jacobs & Ross, Detroit, Michigan, Richard E. Shaw, Hamood & Fergestrom, Troy, Michigan, for Appellees. Joseph A. Kuiper, Jeffrey O. Birkhold, Warner, Norcross & Judd, Grand Rapids, Michigan, Laurie A. Thompson, Michael W. Ullman, Ullman, Ullman & Vazquez, Boca Raton, Florida, Lloyd M. Green, Otterbourg, Steindler, Houston & Rosen, New York, New York, for Amici Curiae.

Before: BOGGS, Chief Judge; COOK and BRIGHT, Circuit Judges.

OPINION

COOK, Circuit Judge.

In this case arising out of bankruptcy proceedings, the government appeals the district court's reversal of the bankruptcy court's grant of summary judgment for the government. For the following reasons, we reverse the district court, and affirm the bankruptcy court.

I. Background and Procedural History

In April 1998, Spearing Tool and Manufacturing Co. and appellee Crestmark1 entered...

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