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IN RE AOV INDUSTRIES, INC.

Bankruptcy No. 81-00617, Adv. No. 84-0226.

62 B.R. 968 (1986)

In re AOV INDUSTRIES, INC., Alla-Ohio Valley Coals, Inc., Morehead City Coal Terminals, Inc., Camden Coal Terminal, Inc., A & T Associates, Inc., Fairmont Energy, Inc., Noralla Corporation, Birnen Coal Co., Inc. and Diggem Coal Co., Inc., Debtors. William J. PERLSTEIN as Disbursing Agent for the AOV Industries Fund, Plaintiff, v. Robert A. SALTZSTEIN, Defendant.

United States Bankruptcy Court, District of Columbia.

July 18, 1986.

Attorney(s) appearing for the Case

Max O. Truitt, Jr. and Alan S. Tenenbaum, Wilmer, Cutler & Pickering, Washington, D.C., for the Disbursing Agent.

Stephen M. Feldman, Wyatt & Saltzstein, Washington, D.C., for Robert A. Saltzstein.

MEMORANDUM OPINION

MARTIN V.B. BOSTETTER, Jr., Chief Judge, Sitting by Designation.

The dispute here arises on two separate motions: a motion to dismiss filed pursuant to Bankruptcy Rule 7012 and Federal Rule of Civil Procedure 12(b)(6) and a motion for summary judgment pursuant to Bankruptcy Rule 7056 and Federal Rule of Civil Procedure 56. The underlying complaint is an action to avoid and recover a preferential transfer of property pursuant to sections...

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