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IN RE LEWIS W. SHURTLEFF, INC.

No. 84-6213.

778 F.2d 1416 (1985)

In re LEWIS W. SHURTLEFF, INC. and Frontier Properties, Inc., Debtors. Thomas D. ELLIOTT, Trustee, Plaintiff-Appellee, v. FRONTIER PROPERTIES/LP 102/Meadow Glen Arms/79, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 20, 1985.

As Amended on Denial of Rehearings January 23, 1986.

Attorney(s) appearing for the Case

Kevin J. Hoyt, Joel Estes, San Diego, Cal., for plaintiff-appellee.

John M. Ross, San Diego, Cal., for defendants-appellants.

Before SNEED, NELSON, and NORRIS, Circuit Judges.

SNEED, Circuit Judge:

This is an appeal from an order of the district court setting aside as a voidable preference under 11 U.S.C. § 547 (1982) the transfer of an apartment complex from the debtor-in-bankruptcy, Frontier Properties, to three limited partnerships. We affirm in part and vacate and remand in part.

I.

FACTS

Frontier Properties (Frontier) acquired the Cobble Square Apartments (the apartments) on April 20, 1979. In the transaction...

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