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BRANIFF AIRWAYS, INC. v. MIDWEST CORP.

No. 88-1447.

873 F.2d 805 (1989)

BRANIFF AIRWAYS, INC., et al., Plaintiffs-Appellants, v. MIDWEST CORPORATION, d/b/a Midwest Communication System, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 21, 1989.

Attorney(s) appearing for the Case

A.L. Vickers, Ungerman & Vickers, Dallas, Tex., for plaintiffs-appellants.

Richard A. Capshaw, Haynes & Boone, Dallas, Tex., for defendant-appellee.

Before CLARK, Chief Judge, RUBIN and DAVIS, Circuit Judges.

CLARK, Chief Judge:

Braniff Airways, Inc., debtor in possession, appeals from the judgment in favor of the defendant Midwest Corporation. The dispute involves a check in the amount of $96,859.96 which was issued by Braniff to Midwest less than 90 days before Braniff filed its bankruptcy petition. Braniff seeks to recover the amount of the check as a preferential transfer under 11 U.S.C. § 547(b). The district court held that the transfer was an ordinary business...

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