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IN RE AUTOMATED BUS. SYSTEMS, INC.

No. 79-1186.

642 F.2d 200 (1981)

In re AUTOMATED BUSINESS SYSTEMS, INC., Bankrupt. WILLIAM B. TANNER CO., INC., Plaintiff-Appellant, v. UNITED STATES of America; International Business Machines Corporation and David S. Kennedy, Trustee, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 11, 1981.

Attorney(s) appearing for the Case

Louis R. Lucas, Picard, Caywood, Lucas & Watson, Herman Morris, Jr., Memphis, Tenn., for plaintiff-appellant.

W. J. Michael Cody, U. S. Atty., Thomas R. Prewitt, Sr. (IBM), Memphis, Tenn., R. G. Anderegg, Chicago, Ill., David S. Kennedy, Memphis, Tenn., for defendants-appellees.

Before WEICK and JONES, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PHILLIPS, Senior Circuit Judge.

This bankruptcy case involves a payment of $45,000 on an indebtedness owed by the bankrupt-to-be to International Business Machines Corporation (IBM). The payment was made almost a year before the debtor was adjudged a bankrupt. IBM accepted the payment from Automated Business Systems, Inc. (ABS), the bankrupt-to-be, with no intent to defraud creditors and with no knowledge that bankruptcy...

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