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PARKER v. KLOCHKO EQUIP. RENTAL CO., INC.

Nos. 76-2395 to 76-2398.

590 F.2d 649 (1979)

Robert E. PARKER, Trustee for Olympia Construction Co., Bankrupt, Plaintiff-Appellee, v. KLOCHKO EQUIPMENT RENTAL CO., INC., Defendant-Appellant, Mario Trucking Company, Defendant-Appellant, Price Brothers Company, Defendant-Appellant, Doug Schroeder, Inc., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 11, 1979.

Attorney(s) appearing for the Case

Richard J. Langs, Langs, Schatzberg, Patterson & Langs, Detroit, Mich., for defendant-appellant in No. 76-2395.

Stephen G. Danko, D'Avanzo & Danko, Southgate, Mich., for defendant-appellant in No. 76-2396.

Robert R. Nix, II, Kerr, Wattles & Russell, Detroit, Mich., for defendant-appellant in No. 76-2397.

Marlynn Marcks, Harris, Ben & Marcks, P. C., Detroit, Mich., for defendant-appellant in No. 76-2398.

Andrew A. Paterson, Cross, Wrock, Miller & Vieson, Detroit, Mich., for plaintiff-appellee.

Before WEICK, LIVELY and MERRITT, Circuit Judges.

MERRITT, Circuit Judge.

The trustee in bankruptcy of a subcontractor seeks to set aside as preferences payments made to four materialmen within four months of the subcontractor's bankruptcy.1 The district court for the Eastern District of Michigan held that the payments were preferences and granted judgment to the trustee. The materialmen appealed. We reverse on the grounds that the payments were made from funds subject to the Michigan...

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