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HARBOR NAT. BANK OF BOSTON v. SID KUMINS, INC.

No. 82-1182.

696 F.2d 9 (1982)

HARBOR NATIONAL BANK OF BOSTON, Plaintiff, Appellant, v. SID KUMINS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 21, 1982.

Attorney(s) appearing for the Case

Mitchell H. Cohen, Boston, Mass., with whom Lappin, Rosen, Goldberg, Slavet, Levenson & Wekstein, Boston, Mass., was on brief, for plaintiff, appellant.

Alan Garber, Boston, Mass., with whom Mason & Martin, Boston, Mass., was on brief, for defendant, appellee.

Before DAVIS, CAMPBELL and BREYER, Circuit Judges.

OSCAR H. DAVIS, Circuit Judge.

The issue is whether an attachment obtained by defendant-appellee Sid Kumins, Inc. (Kumins) on a debt owed by a debtor in bankruptcy was a voidable preference within 11 U.S.C. § 547(b)(4)(A) of the Bankruptcy Code, as having been made on or within 90 days before the date of the filing of the bankruptcy petition. The agreed facts are that on June 28, 1979, Kumins brought an action against...

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