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BERNSTEIN v. HOME LIFE INS. CO.

No. 81 Civ. 3249.

25 B.R. 321 (1982)

Lawson F. BERNSTEIN, Trustee in Bankruptcy of Frigitemp Corp., Plaintiff, v. HOME LIFE INSURANCE COMPANY, Defendant.

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

December 6, 1982.

Attorney(s) appearing for the Case

Wolf, Popper, Ross, Wolf & Jones, New York City, for plaintiff; Robert M. Kornreich, New York City, of counsel.

Thomas F. Coughlin, New York City, Herman, Herman & Katz, New Orleans, La., for defendant; Sidney A. Cotlar, New Orleans, La., of counsel.

SOFAER, District Judge:

Plaintiff Lawson F. Bernstein, the Trustee in Bankruptcy of Frigitemp Corporation, has sued defendant Home Life Insurance Company to recover an alleged voidable preference paid by Frigitemp to Home Life. Home Life has moved for summary judgment, claiming that payments it received from Frigitemp within four months of Frigitemp's bankruptcy petition were not preferential.

The relevant facts are adequately supported by affidavits and exhibits...

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