Bird v. Crown Convenience (In re NWFX, Inc.)

U.S. Court of Appeals for the Eighth Circuit June 11, 1990

Bird v. Crown Convenience (In re NWFX, Inc.), 904 F.2d 469 (8th Cir. 1990)

Arnold, Beam, Bowman, Fagg, Gibson, Lay, Magill, McMillian, Wollman

Opinion of the Court

PER CURIAM.

In this matter, a panel of this court reversed the judgment of the district court. In re NWFX, Inc., 881 F.2d 530 (8th Cir. 1989). The suggestion for rehearing en banc was granted, thus vacating the panel opinion. After rehearing en banc, the judgment of the district court is now affirmed by an equally divided court. Chief Judge Lay and Judges McMillian, Arnold, Wollman, and Magill vote to affirm the district court. Judges Floyd R. Gibson, John R. Gibson, Fagg, Bowman, and Beam would reverse. The clerk of the court, is directed to issue the mandate forthwith.

Reference

Full Case Name: In re NWFX, INC. (Consolidated), Debtor. Allen W. BIRD, II, as Trustee for Northwest Financial Express, Inc., NWFX, Inc., and Gold Financial Express, Inc. v. CROWN CONVENIENCE, Derby Refining (Pyburn Enterprises, Inc.)
Cited By: 1 case
Status: Published