IN RE NWFX, INC. (CONSOLIDATED), DEBTOR. ALLEN W. BIRD, II, AS TRUSTEE FOR NORTHWEST FINANCIAL EXPRESS, INC., NWFX, INC., AND GOLD FINANCIAL EXPRESS, INC., APPELLEE,

v.

CROWN CONVENIENCE, DERBY REFINING, ET AL. (PYBURN ENTERPRISES, INC.), APPELLANT

8th Cir. | 1990-06-11

No. 88-2395

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, and BEAM, Circuit Judges, en banc.

904 F.2d 469 United States Court of Appeals for the Eighth Circuit (1990)

Opinion of the Court

PER CURIAM.

[*470] PER CURIAM.

In this matter, a panel of this court reversed the judgment of the district court. In re NWFX, Inc., 881 F. 2d 530 (8th Cir.1989). The suggestion for rehearing en banc was granted, thus vacating the panel opinion. After rehearing en banc, the judgment of the district court is now affirmed by an equally divided court. Chief Judge Lay and Judges McMillian, Arnold, Wollman, and Magill vote to affirm the district court. Judges Floyd R. Gibson, John R. Gibson, Fagg, Bowman, and Beam would reverse. The clerk of the court is directed to issue the mandate forthwith.

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IN RE NWFX, INC. (CONSOLIDATED), DEBTOR. ALLEN W. BIRD, II, AS TRUSTEE FOR NORTHWEST FINANCIAL EXPRESS, INC., NWFX, INC., AND GOLD FINANCIAL EXPRESS, INC., APPELLEE, v. CROWN CONVENIENCE, DERBY REFINING, ET AL. (PYBURN ENTERPRISES, INC.), APPELLANT

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Authorities Cited

IN RE NWFX, INC. (CONSOLIDATED), DEBTOR. ALLEN W. BIRD, II, AS TRUSTEE FOR NORTHWEST FINANCIAL EXPRESS, INC., NWFX, INC., AND GOLD FINANCIAL EXPRESS, INC., APPELLEE,

v.

CROWN CONVENIENCE, DERBY REFINING, ET AL. (PYBURN ENTERPRISES, INC.), APPELLANT