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IN RE COMMODITY EXCHANGE SERVICES CO.

Bankruptcy No. 585-50095, Adv. No. 585-5077.

62 B.R. 868 (1986)

In re COMMODITY EXCHANGE SERVICES COMPANY, Debtor. COMMODITY EXCHANGE SERVICES COMPANY, Plaintiff, v. The COTTON BOARD, an instrumentality of the United States Department of Agriculture and John Block, Secretary of the United States Department of Agriculture, Defendants.

United States Bankruptcy Court, N.D. Texas, Lubbock Division.

July 3, 1986.

Attorney(s) appearing for the Case

Carroll Cobb, Lubbock, Tex., for debtor.

Nancy Koenig, Asst. U.S. Atty., Lubbock, Tex., Gregory Cooper, Howard B. Haas, Office of the General Counsel, U.S. Dept. of Agriculture, Washington, D.C., for defendant.

William T. Neary, U.S. Trustee, U.S. Dept. of Justice, Dallas, Tex.

MEMORANDUM OF DECISION CONCERNING DEFENDANTS' MOTION TO DISMISS OR FOR SUMMARY JUDGMENT AND PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

JOHN C. AKARD, Bankruptcy Judge.

Pursuant to 11 U.S.C. § 547, the Plaintiff/Debtor-in-Possession, COMMODITY EXCHANGE SERVICES COMPANY (CXS), attempts to recover as a preferential transfer the amount of $846,500.13 paid by CXS to THE COTTON BOARD (Board) in two installments within 90 days of the filing of CXS' Petition...

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