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IN RE KENNEDY

Bankruptcy No. 84-01602K, Adv. No. 84-0741K.

45 B.R. 624 (1985)

In re Joan KENNEDY, Debtor. Joan KENNEDY, Plaintiff, v. PHILADELPHIA ELECTRIC COMPANY and Max Schwartz, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

January 9, 1985.

Attorney(s) appearing for the Case

Michael Donahue, Chester, Pa., for debtor.

Max Schwartz, Philadelphia, Pa., trustee.

Chas. V. Stoelker, Jr., Philadelphia, Pa., for defendant/PECO.

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

The debtor commenced the instant adversary action to recover an alleged preferential payment from Philadelphia Electric Company ("PECO"). Cross-motions for summary judgment have been filed by both the debtor and PECO. Upon due consideration of the memoranda of law filed by the parties, we find that triable issues of fact exist with regard to the establishment of a preference...

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