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IN RE AUTO-TRAIN CORP., INC.

No. 85-5873.

810 F.2d 270 (1987)

In re AUTO-TRAIN CORPORATION, INC., a Florida corporation, a/k/a Railway Services Corporation. Murray DRABKIN, Trustee of Auto-Train Corporation, a/k/a Railway Service Corporation, Appellant, v. MIDLAND-ROSS CORPORATION.

United States Court of Appeals, District of Columbia Circuit.

Decided January 30, 1987.

As Amended March 19, 1987.

Attorney(s) appearing for the Case

Barry J. Dichter, New York City, for appellant. Abel Mattos, Washington, D.C., also entered an appearance for appellant.

Marilyn Shea-Stonum, Cleveland, Ohio, of the Bar of the Supreme Court of Ohio, pro hac vice by special leave of Court, with whom Barbara B. Kacir and Melanie S. Tuttle, Cleveland, Ohio, were on brief for appellee.

Before SILBERMAN and WILLIAMS, Circuit Judges, and JAMESON, Senior District Judge.

Opinion for the Court filed by Circuit Judge WILLIAMS.

WILLIAMS, Circuit Judge:

This action involves a transfer of funds by Railway Services Corporation, a wholly owned subsidiary of Auto-Train Corporation, Inc., to Midland-Ross Corporation. Auto-Train's trustee in bankruptcy attacks the transfer as a voidable preference. See 11 U.S.C. § 547 (1982). The principal issues addressed in this appeal are whether Railway ever possessed more than bare...

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