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IN RE ALLEGHENY

Bankruptcy No. 85-2136, Adv. No. 87-252.

86 B.R. 466 (1988)

In re ALLEGHENY, INC. t/d/b/a Allegheny Paper Company; Allegheny Products Company; Allegheny Circulation Supply Company and A & E Plastics, Debtor. ALLEGHENY, INC., Plaintiff, v. BASIC PACKAGING SYSTEMS, INC. and BPS Kansas, Inc., Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

May 27, 1988.

Attorney(s) appearing for the Case

Amy Tonti, Eckert, Semans, Cherin & Mellott, Pittsburgh, Pa., for Allegheny, Inc.

Stephen J. Summers, Weis and Weis, Pittsburgh, Pa., for Basic Packaging Systems, Inc. and BPS of Kansas, Inc.

Joseph E. Schmitt, Stonecipher, Cunningham, Beard & Schmitt, Pittsburgh, Pa., Trustee.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Presently before the Court is Debtor's Complaint for Recovery of Preferential Transfers against Basic Packaging Systems, Inc. ("Basic") and BPS Kansas, Inc. ("BPS").1 BPS asserts that the transfer in question did not occur within ninety (90) days prior to the filing of the bankruptcy. Additionally, BPS argues that even if a preference did occur, Allegheny received new value...

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