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IN RE AIR CONDITIONING, INC. OF STUART

No. 87-5223.

845 F.2d 293 (1988)

In re AIR CONDITIONING, INC. OF STUART, Debtor. AMERICAN BANK OF MARTIN COUNTY, Douglass E. Wendel, Trustee, Plaintiffs-Appellees, v. LEASING SERVICE CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 17, 1988.

Attorney(s) appearing for the Case

James E. Foster, Foster & Kelly, Orlando, Fla., for defendant-appellant.

Samuel S. Sorota, North Miami Beach, Fla., for American Bank.

John Gundlach, Ackerman, Bakst, Gundlach, Lauer & Zwickle, P.A., Leslie Gern Cloyd, West Palm Beach, Fla., for Wendel.

Before VANCE and ANDERSON, Circuit Judges, and BROWN, Senior Circuit Judge.

VANCE, Circuit Judge:

This bankruptcy appeal involves an undersecured creditor's attempt to obtain the proceeds of a $20,000 certificate of deposit used to secure a letter of credit issued in favor of the creditor. Both the bankruptcy court and the district court held that there had been a preference, and the district court ordered the creditor to deliver the payment made pursuant to the letter of credit to the trustee. Except...

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