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IN RE L.B. SMITH, INC. OF VIRGINIA

Bankruptcy No. 80-2-2014L, Adv. No. 82-1704B.

37 B.R. 460 (1984)

In re L.B. SMITH, INC. OF VIRGINIA, Debtor. Richard M. KREMEN, Trustee, Plaintiff, v. WARNER-FRUEHAUF TRAILER CO., INC., Defendant.

United States Bankruptcy Court, D. Maryland.

February 15, 1984.

Attorney(s) appearing for the Case

David S. Musgrave, Semmes, Bowen & Semmes, Baltimore, Md., for trustee.

Ronald M. Miller, Reichelt, Nussbaum & Brown, Greenbelt, Md., for Abernathy & Allen Excavation, Inc.

ORDER AVOIDING PREFERENTIAL TRANSFER

JAMES F. SCHNEIDER, Bankruptcy Judge.

Finding that the funds paid by the debtor to Warner-Fruehauf Trailer Co., Inc. ["Warner-Fruehauf"], were funds of the debtor and were not subject to a constructive trust, the transfer will be avoided.

Findings of Fact

1. A truck owned by the debtor was involved in a traffic accident on February 12, 1980, with a tractor-trailer belonging to I.J. and E.W. Long...

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