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IN RE DICK HENLEY, INC.

Bankruptcy No. 81-00430, Adv. No. 83-0192.

38 B.R. 210 (1984)

In re DICK HENLEY, INC., Debtor. Erwin A. LaROSE, Trustee, Plaintiff, v. CROSBY & SON TOWING, INC., Defendants.

United States Bankruptcy Court, M.D. Louisiana.

March 15, 1984.

Attorney(s) appearing for the Case

Charles N. Malone, Baton Rouge, La., for defendants.

Erwin A. LaRose, Baton Rouge, La., for plaintiff.

OPINION AND ORDER UPON TRUSTEE'S MOTION FOR SUMMARY JUDGMENT

WESLEY W. STEEN, Bankruptcy Judge.

I. FACTS

This case comes before the court on a motion for Summary Judgment. The issue is whether a Debtor/Contractor's payment to a Creditor/Subcontractor can be a preferential transfer when, on account of that payment, the Creditor/Subcontractor lost its Private Works Act lien (e.g. mechanic's lien) against the Owner. The facts agreed for these...

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