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IN RE MERITT

Bankruptcy Nos. 80-01351-C, 80-01452-C, Adv. No. 80-0425-C.

7 B.R. 876 (1980)

In re Kenneth L. MERITT, and Eunice Ann Meritt, Debtors. and Alvin G. Meritt, and Dolores J. Meritt, Debtors. Jack E. BROWN, Trustee, Plaintiff, v. The CALLAWAY BANK, Defendant.

United States Bankruptcy Court, W.D. Missouri, C.D.

December 29, 1980.

Attorney(s) appearing for the Case

D. James Mariea, Fulton, Mo., for defendant.

Fred Dannov, Columbia, Mo., for plaintiff.

Jack E. Brown, Columbia, Mo., Trustee.

MEMORANDUM OPINION AND ORDER

FRANK P. BARKER, Jr., Bankruptcy Judge.

This is an action to set aside a preferential transfer under Section 547 of the Bankruptcy Code. The matter was tried before me in Jefferson City, Missouri on November 6, 1980, all parties being represented in person and by counsel.

At the outset of trial, the Trustee dismissed paragraph 18 of his complaint, stating that he had no interest or claim to the $7,000 allegedly paid the...

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