1. Home
  2. Browse Decisions
  3. F.3d
  4. 541 F.3d
  5. 541 F.3d 859 (2008)
 

IN RE M & S GRADING, INC.

Nos. 07-3909, 07-3914, 08-1001.

541 F.3d 859 (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; Eugene Lea, Trustees, Creditors-Appellants, v. M & S Grading, Inc., Debtor-Appellee. Contractors, Laborers, Teamsters and Engineers Pension Plan; Contractors, Laborers, Teamsters and Engineers Health and Welfare Plan; Dean Hightree; Kim Quick; Tom Merksick; Calvin G. Negus; Vic J. Lechtenberg; Eugene Lea, Trustees; Official Committee of Unsecured Creditors of MSGrading, Inc., Creditors, v. M & S Grading, Inc., Debtor. Dean Hightree; Kim Quick; Calvin G. Negus; Vic J. Lechtenberg; Eugene Lea, Trustees; Contractors, Laborers, Teamsters and Engineers Health and Welfare Plan; Contractors, Laborers, Teamsters and Engineers Pension Plan; Tom Merksick, Plaintiffs, Official Committee of Unsecured Creditors of MSGrading, Inc., Creditor, v. First National Bank of Omaha, Defendant, James Killips, Trustee for Debtor M & S Grading, Inc., Trustee. 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; Eugene Lea, Trustees, Creditors, v. 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; Eugene Lea, Trustees, Creditors-Appellants, and Official Committee of Unsecured Creditors of MSGrading, Inc., Creditor, v. M & S Grading, Inc., Debtor-Appellee. Dean Hightree; Kim Quick; Calvin G. Negus; Vic J. Lechtenberg; Eugene Lea, Trustees; Contractors, Laborers, Teamster and Engineers Health and Welfare Plan; Contractors, Laborers, Teamsters and Engineers Pension Plan; Tom Merksick, Plaintiffs, Official Committee of Unsecured Creditors of MSGrading, Inc., Creditor, v. First National Bank of Omaha, Defendant, James Killips, Trustee for Debtor M & S Grading, Inc., Trustee. In re M & S Grading, Inc., Debtor, Contractors, Laborers, Teamsters Engineers Health and Welfare Plan; Contractors, Laborers, Teamsters Engineers Pension Plan; Dean Hightree; Kim Quick; Tom Merksick; Calvin Negus; Vic J. Lechtenberg; Eugene Lea, Trustees, Creditors, v. M & S Grading, Inc., Debtor, Contractors, Laborers, Teamsters and Engineers Pension Plan; Contractors, Laborers, Teamsters and Engineers Health and Welfare Plan; Dean Hightree; Kim Quick; Tom Merksick; Calvin G. Negus; Vic J. Lechtenberg; Eugene Lea, Trustees; Official Committee of Unsecured Creditors of MSGrading, Inc., Creditors, v. M & S Grading, Inc., Debtor, Dean Hightree; Kim Quick; Calvin G. Negus; Vic J. Lechtenberg; Eugene Lea, Trustees; Contractors, Laborers, Teamsters and Engineers Health and Welfare Plan; Contractors, Laborers, Teamsters and Engineers Pension Plan; Tom Merksick, Plaintiffs-Appellants, Official Committee of Unsecured Creditors of MSGrading, Inc., Creditor, v. First National Bank of Omaha, Defendant-Appellee, James Killips, Trustee for Debtor M & S Grading, Inc., Trustee-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 9, 2008.

Attorney(s) appearing for the Case

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

T. Randall Wright, argued, Omaha, NE, for appellee M & S Grading.

Robert L. Lepp, argued, Omaha, NE, for appellee First National Bank.

Before MELLOY, ARNOLD and BENTON, Circuit Judges.

MELLOY, Circuit Judge.

This case arises out of the bankruptcy of M & S Grading, Inc. M & S, an excavation company, participated in employee-benefit plans. The plans and their trustees assert M & S's bankruptcy trustee improperly made payments to First National Bank of Omaha instead of making payments to the plans. The plans and their trustees appeal various district-court judgments1

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases