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IN RE NATIONAL MERRITT, INC.

Bankruptcy No. 74-B-1376.

11 B.R. 102 (1981)

In re NATIONAL MERRITT, INC., Bankrupt. Robert M. FISHER, Trustee in Bankruptcy of National Merritt, Inc., Plaintiff, v. AZTEC MARKETING CORP., Defendant.

United States Bankruptcy Court, S.D. New York.

May 20, 1981.

Attorney(s) appearing for the Case

Robert P. Herzog, New York City, for plaintiff; Stephen L. Morris, New York City, of counsel.

Carl S. Young, New York City, for defendant; Edward J. Cohen, New York City, of counsel.

OPINION

ROY BABITT, Bankruptcy Judge:

On the appeal from this court's order of January 30, 1979, dismissing the trustee's complaint to recover a preferential transfer,1 Section 60 of the now repealed 1898 Bankruptcy Act, 11 U.S.C. (1976 ed.) § 96,2 District Judge Conner remanded so that this court could receive evidence on the factual issue of whether...

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