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IN RE TORCO EQUIPMENT CO.

Bankruptcy No. 38200910, Adv. No. 3840030.

39 B.R. 216 (1984)

In re TORCO EQUIPMENT COMPANY, Charles E. Weimer, Jr., Pres., Debtor. Michael J. CLARE, Trustee, Plaintiff, v. LIBERTY NATIONAL BANK & TRUST CO., Defendant.

United States Bankruptcy Court, W.D. Kentucky.

May 21, 1984.

Attorney(s) appearing for the Case

Michael J. Clare, Louisville, Ky., trustee/plaintiff.

Octavia Wilkins, Louisville, Ky., for debtor.

David T. Stosberg, Atty. at Law, Louisville, Ky., for creditor.

MEMORANDUM OPINION

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

This trustee's preference action, brought against the same creditor who had sued the trustee and the debtor two years ago on a related claim, is sought to be dismissed by the creditor Liberty National Bank. The creditor urges the right outcome for the wrong reasons. We dismiss the complaint, on procedural grounds we will explain.

In May, 1982, Liberty National sued Torco Equipment Co. and...

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