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IN RE JENKINS LANDSCAPING & EXCAVATING, INC.

Bankruptcy Nos. 5-84-00263, 5850013, Civ. A. No. 87-0036-H.

93 B.R. 84 (1988)

In re JENKINS LANDSCAPING & EXCAVATING, INC., Debtor. APAC-VIRGINIA, INC., Plaintiff, v. JENKINS LANDSCAPING & EXCAVATING, INC.; General Excavation, Inc.; Russell A. Jenkins; and Elta Ray Jenkins, Defendants.

United States District Court, W.D. Virginia, Harrisonburg Division.

November 7, 1988.

Attorney(s) appearing for the Case

Michael C. Montavon, Fairfax, Va., Robert B. Baumgartner, Fairfax, Va., for plaintiff.

Norborne P. Beville, Jr., Manassas, Va., Holmes C. Harrison, Harrisonburg, Va., for defendants.

MEMORANDUM OPINION

MICHAEL, District Judge.

This matter comes before the court on appeal of a decision of the bankruptcy court in an adversary proceeding brought by APAC-Virginia, Inc. ("APAC"), a paving company, to recover assets which were allegedly conveyed fraudulently by its judgment debtor, Jenkins Landscaping & Excavating, Inc. ("JLE"), to General Excavation, Inc. ("General"), and to Russell A. Jenkins and Elta R. Jenkins ("the Jenkins").

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