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IN RE J.G. FURNITURE GROUP, INC.

No. 04-1576.

405 F.3d 191 (2005)

In Re: J.G. FURNITURE GROUP, INCORPORATED, d/b/a J.G./The Apollo Group, Incorporated, d/b/a Alma Furniture Group, Incorporated, d/b/a J.G./Alma, Debtor. Charles M. Ivey, III, Trustee for the bankruptcy estate of J.G. Furniture Group, Incorporated, Trustee-Appellant, v. Great-West Life & Annuity Insurance Company, Claimant-Appellee, and Triad Fabrications and Machine; Pifer Industries, Incorporated; Triangle Machine and Electronic Company, Creditors. American Home Assurance Company; The Travelers Indemnity Company, and its affiliates; Zurich American Insurance Company, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 20, 2005.

Attorney(s) appearing for the Case

ARGUED: Charles M. Ivey, III, Ivey, McClellan, Gatton & Talcott, L.L.P., Greensboro, North Carolina, for Appellant. David Marion Warren, Poyner & Spruill, Rocky Mount, North Carolina, for Appellee. G. Eric Brunstad, Jr., Bingham McCutchen, L.L.P., Hartford, Connecticut, for Amici Curiae Supporting Appellee. ON BRIEF: John M. Blust, Ivey, McClellan, Gatton & Talcott, L.L.P., Greensboro, North Carolina, for Appellant. Deborah E. Sperati, Poyner & Spruill, Rocky Mount, North Carolina, for Appellee. Margaret M. Anderson, Hugh S. Balsam, Lord, Bissell & Brook, L.L.P., Chicago, Illinois, for Amici Curiae Supporting Appellee.

Before LUTTIG and MOTZ, Circuit Judges, and WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge MOTZ joined. Judge WILSON wrote a concurring opinion.

OPINION

LUTTIG, Circuit Judge:

Appellant-trustee Charles M. Ivey III appeals the district court's determination that claimant-appellee Great West Life & Annuity Insurance Company's claim against debtor J.G. Furniture Group, Inc. was entitled to priority status under 11 U.S.C. § 507(a)(4). For the reasons set...

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