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IN RE CHALLENGE AIR INTERN., INC.

No. 91-5211.

952 F.2d 384 (1992)

In re CHALLENGE AIR INTERNATIONAL, INC., Debtor. UNITED STATES of America, Plaintiff-Appellant, v. CHALLENGE AIR INT'L INC., American Express Bank International, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 30, 1992.

Attorney(s) appearing for the Case

Jose Francisco De Leon, U.S. Dept. of Justice, Gary R. Allen, Robert W. Metzler, Janet Kay Jones, Michael L. Paup, Gary D. Gary, Brian C. Griffin, Tax Div., Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Robert Francis O'Malley, Jr., Kelley, Drye & Warren, David Rand Softness, Gelfand & Softness, Miami, Fla., for defendants-appellees.

Before COX, Circuit Judge, DYER and FRIEDMAN, Senior Circuit Judges.

DYER, Senior Circuit Judge:

This appeal involves the turnover of a cash fund under 11 U.S.C. § 542, claimed by a chapter 11 trustee in a reorganization proceeding as property of the debtor's estate, after a prepetition levy by the Internal Revenue Service (IRS) to seize the property from a third party. The district court, on appeal from the bankruptcy court, found that the trustee is entitled to the fund, relying on United States v. Whiting Pools,

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