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IN RE TUCKER FREIGHT LINES, INC.

Bankruptcy No. HK 83 02391, Adv. No. 84 414.

62 B.R. 210 (1986)

In re TUCKER FREIGHT LINES, INC., Debtor. John WALHOUT, Trustee, Plaintiff, v. PIPELINE OIL SALES, INC., Defendant.

United States Bankruptcy Court, W.D. Michigan.

May 21, 1986.

Attorney(s) appearing for the Case

John D. Huige, Hertzberg, Jacob, and Weingarten, PC., Detroit, Mich., for plaintiff.

Robert T. Kendall, III, Patch, McClafferty and Anderson, PC., Jackson, Mich., for defendant.

OPINION

LAURENCE E. HOWARD, Bankruptcy Judge.

PREFERENTIAL TRANSFER AND DEFENSES

The trustee seeks to avoid a transfer under 11 U.S.C. § 547(b). The defendant transferee relies upon the defenses set forth at § 547(c)(1) and (2).

The parties agreed to resolve the dispute upon briefs and a stipulation of facts. That stipulation provides in essence as follows.

It was the former practice of Tucker Freight Lines, ("Tucker"...

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