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IN RE PAYLESS CASHWAYS, INC.

No. 04-1777.

394 F.3d 1082 (2005)

In re: PAYLESS CASHWAYS, INC. Debtor. Silverman Consulting, Inc., Chapter 11 Trustee for Payless Cashways, Inc., Appellant, v. Canfor Wood Products Marketing, doing business as Canadian Forest Products Ltd., doing business as Canfor U.S.A. Corp., doing business as Canfor Panel & Fibre Marketing Ltd., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 18, 2005.

Attorney(s) appearing for the Case

Benjamin F. Mann, argued, Kansas City, MO (Michael D. Fielding, on the brief) for appellant.

Lindsay L. Wood, argued, Kansas City, MO, for appellee.

Before MELLOY, BRIGHT, and BENTON, Circuit Judges.

PER CURIAM.

In this bankruptcy action, plaintiff-appellant Silverman Consulting, Inc. (Silverman), the Chapter 11 trustee for debtor Payless Cashways, Inc. (Payless), sought to recover, as preferential, four payments Payless made to defendant-appellee Canfor Corp. and Canfor Wood Products Marketing Ltd. (collectively Canfor). Canfor asserted the defense of contemporaneous exchange for new value under 11 U.S.C. § 547(c)(1). The bankruptcy court

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