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IN RE IOWA PREMIUM SERVICE CO., INC.

No. 81-2060.

676 F.2d 1220 (1982)

In re IOWA PREMIUM SERVICE CO., INC., Debtor. IOWA PREMIUM SERVICE CO., INC., Appellee, v. FIRST NATIONAL BANK OF ST. LOUIS, ST. LOUIS, MISSOURI, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 5, 1982.

Rehearing and Rehearing Granted July 6, 1982.

Attorney(s) appearing for the Case

W. D. Brittin, Jr., F. L. Burnette, II, Nyemaster, Goode, McLaughlin, Emery & O'Brien, P. C., Des Moines, Iowa, for appellant First Nat. Bank in St. Louis.

Thomas L. Flynn, Wimer, Hudson, Flynn & Neugent, P. C., Des Moines, Iowa, for appellee Iowa Premium Service Co., Inc.

Before ROSS, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

Rehearing and Rehearing En Banc Granted July 6, 1982.

ROSS, Circuit Judge.

First National Bank of St. Louis (Bank) appeals from an order of the United States Bankruptcy Court, Southern District of Iowa, 12 B.R. 597, which denied its motion to amend a prior order directing the return of funds received by the Bank because such funds constituted a preference under the Bankruptcy Code. We affirm.

On November 13, 1979, the...

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