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O'NEILL v. NESTLE LIBBYS P.R., INC.

No. 83-1677.

729 F.2d 35 (1984)

Antonio O'NEILL, as Trustee for Caceres & Johnson P.R., Inc., Plaintiff, Appellant, v. NESTLE LIBBYS P.R., INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 8, 1984.

Attorney(s) appearing for the Case

Ismael H. Herrero, Jr., Rio Piedras, P.R., with whom Correa Calzada, Collazo Salazar, Herrero & Lazaro Paoli, Rio Piedras, P.R., was on brief, for plaintiff, appellant.

Maria Luisa Contreras, Caparra Heights, P.R., for Nestle Libbys P.R., Inc.

Hector L. Marquez, Hato Rey, P.R., with whom Marquez & Lebron, Hato Rey, P.R., was on brief, for defendant, appellee Fruit Nectars, Inc.

Before CAMPBELL, Chief Judge, WISDOM, Senior Circuit Judge, and BREYER, Circuit Judge.

LEVIN H. CAMPBELL, Chief Judge.

Antonio O'Neill, plaintiff trustee of the debtor, Caceres & Johnson, appeals from summary judgment in favor of defendants, Nestle Libbys and Fruit Nectars. The dispute centers on two checks issued and delivered by the debtor on August 29, 1981, less than 90 days prior to filing its bankruptcy petition. One check was issued to defendant Nestle Libbys as payment for goods delivered on July 15, 1981; the check was honored on September...

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