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IN RE M & S GRADING, INC.

No. 07-2434.

526 F.3d 363 (2008)

In re: M & S GRADING, INC., Debtor. Contractors, Laborers, Teamsters and Engineers Health and Welfare Plan; Contractors, Laborers, Teamsters and Engineers Pension Plan; Dean Hightree; Kim Quick; Tom Merksick; Calvin G. Negus; Vic J. Lechtenberg and Eugene Lea, Trustees, Appellants, v. James Killips, Trustee, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 14, 2008.

Attorney(s) appearing for the Case

Jeffrey Craig Miller, argued, Omaha, NE (Malcolm D. Young & Keith I Kosaki, on the brief), for appellants.

T. Randall Wright, Omaha, NE, for appellee.

Before MURPHY, BRIGHT, and BENTON, Circuit Judges.

MURPHY, Circuit Judge.

Two employee benefit plans and their trustees sought an order from the bankruptcy court1 requiring the Chapter 7 bankruptcy trustee to show cause why he should not be found in contempt for failing to pay contributions ordered while the debtor's case was in Chapter 11. The bankruptcy court denied the motion and the plans appealed to the district court.2 That court dismissed the appeal...

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