MATTER OF SILVER MILL FROZEN FOODS, INC.

Bankruptcy No. HG 80-00025, Adv. Nos. 81-1978, 81-1976, 81-1980, 81-1977, 81-1768, 81-1772, 81-1774, 81-1776, 81-1778, 81-1779 to 81-1781, 81-1784 to 81-1786, 81-1789, 81-1794, 81-1796, 81-1809, 81-1824, 81-1782, 81-1808, 81-1827.

80 B.R. 848 (1987)

In the Matter of SILVER MILL FROZEN FOODS, INC., Debtor. Maurice A. EDELMAN, Trustee in Bankruptcy, Substituted for by Mrs. Helen Edelman, Plaintiff, v. MICHIGAN BLUEBERRY GROWERS ASSOCIATION, Joseph Send, Hall, McManus and Gleason, William Gleason, d/b/a Gleason Farms, Hi-Lo Farms, Roger Molter, Merle Phillips, Arnold Stout, Nye Brothers, John Herrenans, Phillip Prillwitz, Jerome Alvesteffer, Joe Ooman, George Wuszke, Wesley Prillwitz, Wilbur DeRuiter, Fred Piedt, David Kugel, Morrison's, Inc., Fowler Farms, Scott Munro, J.R. Wood, Inc., and McMullin Orchards, Defendants.

United States Bankruptcy Court, W.D. Michigan.

September 1, 1987.


Attorney(s) appearing for the Case

Jeffrey R. Hughes, Michael S. McElwee, Varnum, Riddering, Schmidt & Howlett, Grand Rapids, Mich., for trustee.

James B. Frakie, John Piggins, Day, Sawdey, Flaggert & Porter, Grand Rapids, Mich., for debtor.

Philip T. Carter, Glen A. Schmiege, Foster, Swift, Collins and Coey, P.C., Lansing, Mich., for defendants.

James E. Christenson, Law, Weathers & Richardson, Grand Rapids, Mich., for McMullin Orchards.


OPINION

JURY TRIALS AND PREFERENCE ACTIONS

LAURENCE E. HOWARD, Bankruptcy Judge.

Each of the above adversary proceedings is an action brought by the trustee to recover an alleged preferential transfer pursuant to 11 U.S.C. § 547(b). In each, the defendants have filed demands for a jury trial. The trustee has moved to strike these demands. The trustee argues that all of the defendants have either consented to the Bankruptcy Court's summary...

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