Oakley Grain, Inc., et al. v. M. Randy Rice, Chapter 7 Trustee, et al.
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Whether the Eighth Circuit erred in affirming the District Court's Order affirming the Bankruptcy Court's ruling that the State Court lawsuit did not violate an Injunction issued pursuant to 28 U.S.C. § 2361
QUESTION PRESENTED Whether the Eighth Circuit erred in affirming the District Court’s Order affirming the Bankruptcy Court’s ruling that the State Court lawsuit did not violate an Injunction issued pursuant to 28 U.S.C. § 2361 on the basis that the Petitioner failed to first prove that the State Court Lawsuit seeks to recover interpleader funds. In so holding, the Eighth Circuit’s current decision is in conformity with a similar decision of the Tenth Circuit both of which decisions directly conflict with decisions of the Eighth, Second and Ninth Circuits.