Whittaker Corp., Juster Steel Division v. St. Cloud National Bank & Trust Co.

BRIGHT, Circuit Judge.

The appellant (Whittaker Corporation, Juster Steel Division, hereinafter “Juster Steel”), brought a petition in the bankruptcy court administering the estate of St. Cloud Tool & Die Company (Bankrupt), seeking a marshaling of assets and collateral to require superior lien creditor, St. Cloud National Bank (Bank), for satisfaction of its secured debt, to look to property of the bankrupt other than that on which Juster Steel claimed a security interest junior to that of the Bank. A hearing was held on Juster Steel’s claims and Bankruptcy Judge John J. Connelly determined…