IN RE CASTLETONS, INC.

No. 92-4051.

990 F.2d 551 (1993)

In re CASTLETONS, INC., Debtor. Mary Ellen SLOAN, Trustee for the Debtor, Castletons, Inc., Appellant, v. ZIONS FIRST NATIONAL BANK, Appellee.

United States Court of Appeals, Tenth Circuit.

April 2, 1993.


Attorney(s) appearing for the Case

Stephen H. Gunn (Keith A. Kelly with him on the briefs) of Ray, Quinney & Nebeker, Salt Lake City, UT, for appellant.

Jeffrey L. Shields (Gary R. Howe and Paul R. Ince with him on the brief) of Callister, Duncan & Nebeker, Salt Lake City, UT for appellee.

Before McKAY, Chief Circuit Judge, SETH, Senior Circuit Judge, and MOORE, Circuit Judge.


JOHN P. MOORE, Circuit Judge.

Plaintiff Mary Ellen Sloan, trustee of the bankruptcy estate of Castletons, Inc., appeals the district court's decision affirming dismissal of her bankruptcy court complaint against defendant Zions First National Bank, asserting claims of voidable preference and equitable subordination as well as a state statutory claim for failing to properly return a check. We conclude pre-bankruptcy payments to Zions which arose from floating liens...

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