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IN RE THOMAS W. GARLAND, INC.

Bankruptcy No. 80-01175(1), Adv. No. 82-0372(1).

39 B.R. 412 (1984)

In re THOMAS W. GARLAND, INC., Debtor. THOMAS W. GARLAND, INC., Plaintiff, v. INTERNAL REVENUE SERVICE, Defendant.

United States Bankruptcy Court, E.D. Missouri, E.D.

April 17, 1984.

Attorney(s) appearing for the Case

Curtis L. Mann, Clayton, Mo., for debtor/plaintiff.

Ludwig H. Adams, Trial Atty., Tax Div., Dept. of Justice, Washington, D.C., Thomas E. Dittmeier, U.S. Atty., St. Louis, Mo., for defendant.

MEMORANDUM OPINION

ROBERT E. BRAUER, Bankruptcy Judge.

Pending for decision is a Complaint filed by Thomas W. Garland, Inc., (Garland's), Debtor-in-Possession, to recover two allegedly preferential transfers made by Garland's to the United States of America, Internal Revenue Service (IRS), a few weeks prior to filing its Petition under Chapter 11 of the Bankruptcy Code. The cause was submitted on a Stipulation of Facts which may be summarized as follows...

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