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IN RE JOSEPH M. EATON BUILDERS, INC.

Bankruptcy No. 87-765, Adv. No. 87-358.

84 B.R. 56 (1988)

In re JOSEPH M. EATON BUILDERS, INC., Debtor. James A. LEWIS, Esq. Trustee, Plaintiff, v. CUSTOM HEATING CO. & Robert Devine, t/d/b/a Custom Heating Co., Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

March 23, 1988.

Attorney(s) appearing for the Case

James A. Lewis, Pittsburgh, Pa., trustee.

James F. Hartzell, Rothman, Gordon, Foreman & Groudine, P.A., Pittsburgh, Pa., for trustee.

H. Barry Bier, Pittsburgh, Pa., for defendants.

MEMORANDUM OPINION

JUDITH K. FITZGERALD, Bankruptcy Judge.

The matter presently before the Court is a Complaint for Avoidance and Recovery for Preferential Transfer filed by James A. Lewis, Esq. (hereinafter Trustee) against Custom Heating Company and Robert Devine, t/d/b/a Custom Heating Company (hereinafter Defendants). The Court finds that Defendants received an avoidable preferential transfer under 11 U.S.C. § 547 and must turn over the amount received...

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