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IN RE V.N. DEPRIZIO CONST. CO.

Nos. 87C7435, 83B4804 and 85A927.

86 B.R. 545 (1988)

In re V.N. DEPRIZIO CONSTRUCTION COMPANY, Debtor. Louis W. LEVIT, Trustee, v. INGERSOLL RAND FINANCIAL CORPORATION, CIT Corporation, Construction Workers' Pension Trust Fund for Lake County & Vicinity, State of Indiana District Council, Construction and General Laborers' Fringe Benefit Funds, Railroad Maintenance Industrial Health and Welfare Funds, United States Internal Revenue Service, All Motive Equipment Company, Central States Pension Fund, and Central States Health and Welfare Fund, Defendants-Appellees.

United States District Court, N.D. Illinois, E.D.

April 27, 1988.

Attorney(s) appearing for the Case

Louis Levit, Wendy Ponader, Levit & Mason, Chicago, Ill., for trustee.

Sarah Read, Melville Washburn Sidley & Austin, Chicago, Ill., for Ingersoll Rand Financial Corp.

M. Leslie Kite, Robin Kite, M. Leslie Kite & Associates, Chicago, Ill., for CIT Group Equipment Financing, Inc.

Gerard Brost, Dept. of Justice, Washington, D.C., for I.R.S.

Francis Carey, Chicago, Ill., for Central States Pension Fund and Central States Health & Welfare Fund.

Gregory Catrambone, Maywood, Ill., for All Motive Equipment Co.

John Etzkorn, Arnold & Kadjan, Chicago, Ill., for Railroad Maintenance Indus. Health & Welfare Funds and Const. and General Laborer's Fringe Benefit Fund.

Lee Burkey, Asher, Pavalon, Gittler & Greenfield, Chicago, Ill., for Construction Workers' Pension Trust Fund for Lake County and Vicinity.

MEMORANDUM OPINION AND ORDER

PLUNKETT, District Judge.

In this case, we are asked to determine whether certain payments made by the debtor, V.N. Deprizio Construction Company ("Deprizio" or "Debtor") to some of its creditors in the year before it filed for bankruptcy are voidable preferences under the Bankruptcy Code, and if so from whom those preferences may be recovered. Because both determinations rest in large part on language of two sections of the...

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