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IN RE FEDERAL FOUNTAIN, INC.

No. 97-3707.

143 F.3d 1138 (1998)

In re FEDERAL FOUNTAIN, INC., Debtor. David A. WARFIELD, Trustee of the Estate of Federal Fountain, Inc., Appellant, v. KR ENTERTAINMENT, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 11, 1998.

Order Granting Rehearing July 17, 1998.

Attorney(s) appearing for the Case

Mark G. Arnold, Kathryn Mary Koch, Husch & Eppenberger, St. Louis, MO, for Appellant.

Mark Jonathan Bremer, Robert Allen Useted, Lori J. Baskins, David A. Castleman, Kohn & Shands, St. Louis, MO, for Appellee.

Edward L. Dowd, Jr., U.S. Attorney, St. Louis, MO, Frank W. Hunger, U.S. Department of Justice, Appellate Section, Washington, DC, William Kanter, Mark W. Pennak, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for United States, Amicus Curiae on Behalf of Appellant.

Before WOLLMAN, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Order Granting Rehearing En Banc July 17, 1998.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Federal Fountain, Inc. (represented by its trustee in bankruptcy, David A. Warfield), and KR Entertainment, Inc., entered into a contract under which Federal Fountain agreed to design and install certain equipment necessary for the operation of KR's water entertainment show in the Riviera Hotel in Las Vegas, Nevada. While involved in bankruptcy proceedings, see 11...

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