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IN RE UNITED WESTERN BANCORP, INC.

No. 17-1281.

893 F.3d 716 (2018)

IN RE: UNITED WESTERN BANCORP, INC., Debtor. Simon E. Rodriguez, in his capacity as Chapter 7 Trustee for the bankruptcy estate of United Western Bancorp, Inc., Plaintiff-Appellant, v. Federal Deposit Insurance Corporation, in its capacity as Receiver for United Western Bank, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed June 19, 2018.

Attorney(s) appearing for the Case

Mark E. Haynes ( Michael M. Lane , with him on the briefs), Ireland Stapleton Pryor & Pascoe, P.C., Denver, Colorado, appearing for Appellant.

Joseph Brooks , Counsel ( Colleen J. Boles , Assistant General Counsel, Kathryn R. Norcross , Senior Counsel, and Michelle Ognibene , Counsel, on the brief), Federal Deposit Insurance Corporation, Appellate Litigation, Arlington, Virginia, appearing for Appellees.

Before BRISCOE, SEYMOUR, and HOLMES, Circuit Judges.

This appeal, which arises out of a bankruptcy adversary proceeding, concerns the ownership of a federal tax refund. The tax refund was issued by the Internal Revenue Service (IRS) to United Western Bancorp, Inc. (UWBI), a thrift holding company that had, under the terms of a written "Tax Allocation Agreement," filed consolidated...

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