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IN RE FOUR WINDS ENTERPRISES, INC.

Adv. No. C88-0259-H11, Related No. 87-07954-LM11.

94 B.R. 694 (1988)

In re FOUR WINDS ENTERPRISES, INC., a Virginia corporation, and its affiliates, Debtor. FOUR WINDS ENTERPRISES, INC., a Virginia corporation, Plaintiff, v. FIRST NATIONAL BANK, a federal bank, Defendant.

United States Bankruptcy Court, S.D. California.

December 13, 1988.

Attorney(s) appearing for the Case

Donald R. Joseph, Ali M.M. Mojdehi, Loraine L. Pedowitz, Baker & McKenzie, San Diego, Cal., for plaintiff.

Michael P. Fedynyshyn, Steven J. Roberts, Wittman and Wittman, San Diego, Cal., for defendant.

MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

The issues herein arise on plaintiff's Four Winds Enterprises, Inc.'s ("Four Winds") motion for summary adjudication of facts on the issue of whether defendant First National Bank ("FNB") has received a preferential transfer. At issue is whether the court may summarily adjudicate the following facts: 1) that there was a transfer of the debtor's property, to...

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