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VAUGHN v. SEXTON

No. 91-3145.

975 F.2d 498 (1992)

Michael P. VAUGHN, Present Trustee of the Meatcutters Local 576, Cindi S. Nance, Present Trustee of the Meatcutters Local 576; Mike Craig, Present Trustee of the Meatcutters Local 576; Lynn Nutt, Present Trustee of the Meatcutters Local 576; W.W. Walderbach, Present Trustee of the Meatcutters Local 576; Lawrence S. Jenkins, Present Trustee of the Meatcutters Local 576; Employers Kansas and Missouri Pension Plan; Patricia Scott, Trustee of Pension Plan; James G. Sheehan; Appellees, v. Ronald E. SEXTON, individually and in his representative capacities as Statutory Trustee of Franklin Investment Group, Ltd., Statutory Trustee of KALCO, Inc., Statutory Trustee of SLC of North America, Inc., Trustee of Sexton Family Trust, Statutory Trustee of Kalco-Illinois, Inc., Jacpad Corporate Financial Services, Inc., Barclays Leasing Ltd., Commonwealth Leasing Corporation and Congressional Insurance Agency Incorporated, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 14, 1992.

Attorney(s) appearing for the Case

James Borthwick, Kansas City, Mo., argued (Sally B. Surridge, on the brief), for appellant.

Linda Kay Knight, Kansas City, Mo., argued, for appellees.

Before JOHN R. GIBSON and BEAM, Circuit Judges, and ARNOLD, District Judge.

MORRIS SHEPPARD ARNOLD, District Judge.

In April, 1983, Williams Meat and Wilson Foods, its corporate parent, filed for reorganization under the bankruptcy laws. In April, 1984, Wilson Foods sold Williams Meat to SLC, a corporation whose only stockholder is Ronald Sexton. On the same day, SLC sold its stock in Williams Meat to the Franklin Investment Group, a subsidiary corporation wholly owned by SLC. The sale of Williams Meat took the company out of the pending...

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