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MATTER OF EMERALD OIL CO.

No. 81-3718.

695 F.2d 833 (1983)

In the Matter of EMERALD OIL CO., Debtor. William C. SANDOZ, Trustee, Plaintiff-Appellee Cross-Appellant, v. FRED WILSON DRILLING COMPANY, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

January 17, 1983.

Attorney(s) appearing for the Case

Voorhies & Labbe, John W. Hutchison, Lafayette, La., for defendant-appellant cross-appellee.

Sandoz, Sandoz & Schiff, Gerald H. Schiff, Opelousas, La., for plaintiff-appellee cross-appellant.

Before WISDOM, RANDALL and TATE, Circuit Judges.

TATE, Circuit Judge:

A bankruptcy trustee sues to avoid a transfer made to a creditor by the debtor when insolvent within ninety days of the debtor's filing of a voluntary petition in bankruptcy. Section 547(b) of the Bankruptcy Code of 1978, 11 U.S.C. § 547(b) (1978). The creditor defends, relying upon section 547(c)(2) of the Code, 11 U.S.C. § 547(c)(2) (1978); this section excepts from avoidability, inter alia, the debtor's payment of an "ordinary course...

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