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IN RE AMERICAN INTERN. AIRWAYS, INC.

Bankruptcy No. 84-02379K, Adv. No. 85-0445K.

56 B.R. 551 (1986)

In re AMERICAN INTERNATIONAL AIRWAYS, INC.: Jointly Administered with: American International Industries, Inc. — Bankruptcy No. 84-02411K, A.C. Travel Service, Inc. — Bankruptcy No. 84-03919K, American International Transport, Inc. — Bankruptcy No. 84-04050K, Debtor. Harry P. BEGIER, Jr., Trustee for American International Airways, Inc. Plaintiff, v. AIRTECH SERVICES, INC. Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

January 7, 1986.

Attorney(s) appearing for the Case

Pace Reich, Philadelphia, Pa., for debtor.

Christopher J. White, McLean, Va., for defendant.

Harry P. Begier, Jr., Philadelphia, Pa., Trustee.

Edward J. DiDonato, Philadelphia, Pa., for trustee.

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

This matter comes before the Court on the defendant's motion for summary judgment in a preference action brought by the Trustee. The defendant acknowledges receipt of four (4) payments from the debtor during the ninety (90) days preceding the filing of the bankruptcy. However, the defendant claims that these transfers are not avoidable by the Trustee because they fall within the exception to the Trustee's avoiding...

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