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IN RE ARCHIE CAMPBELL, INC.

Civ. No. A3-84-188.

54 B.R. 116 (1985)

In re ARCHIE CAMPBELL, INC., Debtor. Cheryl ELLIS, Trustee, Plaintiff-Appellant, v. DAKOTA BANK & TRUST; Pension Fund and Fargo Culvert Co., Defendants-Appellees.

United States District Court, D. North Dakota, Southeastern Division.

July 1, 1985.

Attorney(s) appearing for the Case

Edward Klinger, Moorhead, Minn., for plaintiff-appellant.

Jon R. Brakke, Fargo, N.D., for Dakota Bank & Trust.

Joseph A. Turman, Fargo, N.D., for Dakota Culvert.

MEMORANDUM AND ORDER

BENSON, Chief Judge.

Cheryl Ellis, Bankruptcy Trustee for the Estate of Archie Campbell, Inc., (debtor) brought an action to recover payments made by the debtor of $4,170.58 to Fargo Culvert Company and $37,691.22 to Dakota Bank and Trust Company. The complaint alleges these were preferential payments under 11 U.S.C. § 547(b) made by the debtor prior to the start of the bankruptcy proceedings. The bankruptcy court,

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