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IN RE BISHOP, BALDWIN, REWALD, DILLINGHAM & WONG

No. 86-1825.

819 F.2d 214 (1987)

In the Matter of BISHOP, BALDWIN, REWALD, DILLINGHAM & WONG, INC., a Hawaii corporation, Debtor. Reynaldo D. GRAULTY, Trustee, of Bishop, Baldwin, Rewald, Dillingham & Wong, Inc., and not individually, Plaintiff-Appellee, v. Cynthia Michelle BROOKS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 4, 1987.

Attorney(s) appearing for the Case

Richard S. Kanter and James A. Wagner, Honolulu, Hawaii, for plaintiff-appellee.

Arthur B. Reinwald, Honolulu, Hawaii, for defendant-appellant.

Before POOLE, NORRIS and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

Overview

Brooks invested funds with the debtor company. She made three deposits and three withdrawals in 1983. The trustee sought to recover Brooks' last $3,000 withdrawal as a preference under 11 U.S.C. § 547(b). When Brooks refused to return the money to the bankruptcy estate, the trustee filed an adversary proceeding in the District Court. The District Court granted the trustee's motion for summary judgment, holding that...

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